A Zimbabwe National Army corporal accused of attempting to bomb Alpha Omega Dairies was acquitted yesterday with the magistrate questioning why one of the army bosses, whose name featured prominently throughout the trial, was not brought to testify. Borman Ngwenya was acquitted on “Possession of weaponry for insurgency and financing terrorist offences” before Harare regional magistrate Fadzai Mthombeni.
During the initial court appearance, Ngwenya appeared jointly charged with Zimbabwe People’s Front political party leader, Owen Kuchata, 34, — who is currently serving nine years for the crime, Silas Pfupa, 37, and Solomon Makumbe, 29.
However, Pfupa and Makumbe’s case spilled into the Constitutional Court after the presiding magistrate conceded that the lower courts needed guidance from superior courts over the issue.
Mthombeni yesterday questioned why the State had not called one major Mashava to refute claims by Ngwenya that he was the one who had instructed him to join Kuchata but on a spy mission.
“The State did not call its main witness; the one who could have managed to prove its case. It was not an oversight but a well-calculated move,” Mthombeni said.
“All State witnesses substantiated accused person’s defence and his evidence stood taller than the State case.
“As an operative spy of the army, his arrest and prosecution was not justified and the State unnecessarily and unfairly split charges.”