Bulawayo High Court judge, Justice Martin Makonese has denied an Air force of Zimbabwe pilot, Tashinga Musonza bail arguing the accused was a flight risk.
Musonza (29) who is based at Josiah Tungamirai Airbase in Gweru, allegedly killed his lawyer girlfriend, Lucky Duve (32) last year accusing her of cheating on him with his unnamed colleague. The accused through his lawyer, James Makiya had applied for bail at the High Court pending trial.
Justice Makonese however dismissed Musonza’s application saying there was overwhelming evidence against the accused.
“It is now trite, that where the evidence against an applicant is overwhelming, the risk of abscondment is high. The court is aware that the applicant does not deny assaulting the deceased,” Justice Makonese said.
Added the Judge: “The court observes that the applicant’s defense is at variance with the cause of death recorded in the postmortem report. The question that arises is why the applicant seeks to mislead this court on the cause of death?
“It is my view, that an applicant in a bail application who seeks to mislead the court is not a suitable candidate for bail.”
Justice Makonese said the postmortem results indicate that the deceased sustained a skull fracture and subarachnoid hemorrhage as a result of the assault.
He said in denying the bail, the court had taken into considerations the facts surrounding the commission of the offense as well as the defense raised by the accused.
According to the State outline, on the fateful day, the deceased was at her residence at 16 Acacia Road Windsor Park, Gweru. The deceased was also at the same residence when a misunderstanding arose.
The accused was accusing the deceased of being in love with his workmate and friend. The accused severely assaulted the deceased leading to her death.
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Publish date : 2019-03-15 09:26:26