The State has opposed bail for two Harare musclemen, who allegedly assaulted patrons at Pabloz Bar in Harare on Christmas Eve.
Blessing Kumunda (36) and Gideon Sanyangore (32) are facing attempted murder charges and have appeared before Harare magistrate Mr Stanford Mambanje.
Prosecutor Mr George Manokore called his first witness, the Investigating Officer, Detective Constable Cephas Mutswebi, who told the court that the two were not proper candidates for bail.
Det Mutswebi said investigations were ongoing and that they were yet to retrieve the video footage taken at the scene and to record statements from various patrons who were at the night club.
He further submitted that the two are facing a serious offence, which attracts a lengthy custodial sentence and that might induce them to flee if released on bail.
Det Mutswebi further submitted that there was overwhelming against the accused persons.
“The two accused persons are known to the complainants and they might jeopardise police investigations.
“We managed to recover the okapi knife which was used in the commission of the offence hidden in Sanyangore’s car,” he said.
He added that the intention to stab was there, but the complainant blocked the knife with his hand. Mr Manokore concurred with the investigating officer in opposing bail saying the two were a danger to society.
“We cannot have the law of the jungle like survival of the fittest being applied in this modern era,” he said.
The duo’s lawyer, Mr Thomas Nyamunika, told the court that the State will suffer no prejudice if the accused were released on bail and barred from interfering with witnesses.
He said when Kumunda and Sanyangore surrendered themselves to the police, they were aware of the nature of the charges they are facing, but chose not to flee.
“The accused persons are not a danger to society as submitted by the State, but victims of an attack,” he said.
Mr Nyamunika told the court that Kumunda was assaulted with clenched fists and he fell to the ground, prompting him to produce a knife to only scare the aggressors.
“There was absolutely no intention to kill anyone, but my client was trying to scare away the complainant who was attacking him.”
He then proposed that each of them be freed on $50 000 bail and be ordered to continue residing at their given addresses.
He further proposed stringent reporting conditions to allay the State’s fears.
Mr Mambanje deferred the matter to today for ruling. – The Herald
