By Tendai Rupapa
Former Zanu-PF political commissar and G40 cabalist Saviour Kasukuwere was yesterday acquitted for skipping the border at the height of Operation Restore Legacy in November last year.
Kasukuwere was arrested on his return from self-imposed exile for violating immigration laws.
His lawyer Mr Jonathan Samukange convinced the court that his client was innocent and had skipped the border to save his life.
Magistrate Ms Josephine Sande cleared Kasukuwere of any wrongdoing.
This was after the court on Tuesday visited his mansion at No 4 Deny’s Close, Glen Lorne, Harare, for an inspection in loco.
Kasukuwere took the court around his house showing them holes on the precast wall, inside and outside the house which he said were as a result of gunshots that exposed him to harm.
He took out 113 empty cartridges of AK-47 rifles which he showed to the court saying they were collected after the shooting.
In acquitting Kasukuwere after a full trial, Ms Sande said the former Minister did a reasonable thing by escaping to save his life.
“It was not in dispute that the accused person had a passport which was not stamped at the exit point. What was in dispute was whether the accused falls under section 3 (c) of the Refugees Act. Section 24 has an exception which is referred in terms of section 3 paragraph 3 of the said act,” she said.
“It is also not in dispute that on November 24, the accused was seriously attacked. The State tried to persuade the court not to take into consideration the events that transpired outside the court but the court beg to differ, it does not live in vacuum.”
“Courts have the duty to uphold morality in society therefore the court cannot ignore that around that same time, there was Operation Restore Legacy where criminals surrounding the former President were targeted and he was one of them.”
Ms Sande said the court could not buy the State’s assertion that Kasukuwere might have been attacked by armed robbers on the day in question.
“Surely no robbers would need 113 cartridges that would be unreasonable. Why would robbers waste their time shooting at the precast wall and the transformer outside the accused’s gate? If they were robbers as alluded by the State, they would have gone straight into the house,” she said.
“The court went to inspect the accused’s house where it noted several bullet holes and empty cartridges a clear indication that accused was in danger.
“It was a noble idea that was chosen by the accused person to flee. His defence that he was in danger is probable and the court is inclined to believe the accused’s story than that of the State.
“Therefore the accused is hereby found not guilty and acquitted,” she said. The Chronicle