MWENEZI – A Mwenezi magistrate did not have kind words for a Harare lawyer whose application for discharge of a client he described as shallow and childish.
Magistrate Honest Musiiwa said Phinias Ngarava of Ngarava, Moyo and Chikono Legal practitioners had no arguments at all in a whole big document.
Although Musiiwa found Courage Salani (25) who was involved in an accident that killed five people not guilty of the offence, he said the accused escaped conviction not because of his lawyer but because the State case was weak.
"The kind of arguments that were presented here are childish, most of them do not really address the main concerns of the matter before the court. These are the kind of arguments that even an ordinary villager can do out there. The client was charged with culpable homicide.
"This document is just probably a narration of folktales and I guess the lawyer was just trying to create confusion for us," said Musiiwa.
The lawyer was not present at the court. The accident happened at the 126 kilometre peg along Masvingo-Beitbridge Road after Salani lost control of his Toyota Granvia which then veered off the road and overturned several times.
"We are discharging you not because your lawyer has presented a meaningful argument, but because the State has failed to provide adequate evidence and therefore we can't convict you when there is some missing information," said Musiiwa.