Disqualified Zanu-PF candidate has case to answer,...

Disqualified Zanu-PF candidate has case to answer, Court

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Zim Now Writer

Disqualified ZANU PF candidate for Chipinge South Robert Nyemudzo who is being accused of brewing illicit beer and drug peddling at Checheche Growth Point is expected to appear in court tomorrow after his application for discharge was dismissed.

Nyemudzo initially appeared in court on Monday facing charges of contravening the Harmful Liquids Act (Chapter 9:10).

Presiding magistrate, Mr Franklin Mkwananzi, dismissed his application citing incriminating evidence adduced by State Witness.

Nyemudzo was represented by Mr Simon Simango of Nyikadzino and Simango Associates, and denied the allegations.

Mr Simango then applied for discharge arguing that the State had failed to prove a prima facie case against his client.

“Your Worship, the State witnesses were spot on when they distanced Nyemudzo from the commission of the offence during cross examination. The police went to his house, which was under construction, and found some people brewing beer but they did not arrest them.

“They told the court that they were ordered by their superiors not to arrest them.

The other witness, a laboratory scientist, said the samples were tempered with.

The laboratory scientists testified that the seal on the samples were tempered with. I therefore call for this honourable court to discharge my client,” Mr Simango said.

However, the presiding magistrate, Mr Mkwananzi, dismissed the application saying the State had proved its case beyond any reasonable doubt.

The matter was therefore remanded to May 3 for judgement.

“There is some evidence produced in court that the defence has to come clean on. The quantities recovered formulate a reasonable suspicion that the accused could be indeed running a massive production of illicit beer at his home.

“A police witness also said they found close to 15 people brewing beer at this house. These people might be the accused’s employees. The application for discharge is therefore dismissed,” he said.

Kelvin Njanji, one of the defence witnesses, who testified on Wednesday vindicated Nyemudzo of any wrongdoing.

Njanji said Nyemudzo has no knowledge of what transpired at the site.

“When the crime was committed, I was the on-site builder, and I recall on October 29, 2020 when a well-known business person at Checheche Growth Point approached me saying he wanted to use the construction site to brew his beer without Nyemudzo’s knowledge.

“I was promised R500 for the use of the premises. The business person then brought buckets full of ethanol after which his employees started brewing beer.

“However, on the day in question, the police came and arrested them. The police were told that the illicit beer belonged to that business person. They phoned the business person and the people who were brewing the illicit beer were released.

Prosecuting, Mr Tulani Zondwayo told the court that in October 2020, the police in Chisumbanje executed an operation code-named ‘No to illicit beer at Checheche Growth Point’.

“During the operation, the police received a tip off that Nyemudzo was brewing beer at his Stand Number 708, Phase 2, Checheche.

“They besieged the place and found 15 people brewing illicit beer. It was being packaged in 200mls plastic containers,” he said.

The police confiscated 20 860x200mls of illicit beer; 2380x200mls empty plastic bottles and 6×20 litre buckets of ethanol from Nyemudzo’s premises; which could be produced in court as exhibits.