By Tarisai Machakaire
HARARE – Radio DJ Munyaradzi Mlimo was yesterday removed from remand on murder charges with Harare magistrate Milton Serima advising the state to proceed with the case by way of summons.
Mlimo is jointly charged with Taurai Jani and Mohammed Matare of masterminding the kidnapping and subsequent murder of Tinashe Magorimbo in 2013.
Yesterday, Serima shot down prosecutor Sebastian Mutizirwa’s proposal for the trio’s trial to be postponed to May 11.
“I think it is high time accused persons were removed from remand. The State is not genuine in its endeavours.
“Accused persons should have been indicted and not to purport to give a trial date. It is clear they have not done anything for accused persons to be indicted,” said Serima.
Mlimo’s lawyer Lucky Mawuwa argued that the public prosecutor had no authority at law to give a trial date in a murder case.
“This court promised seriously that if accused persons are not indicted they should be removed from remand. Last time there was the issue of toxicology tests but today we are not even told about the progress,” said Mawuwa.
He added “…if such results cannot be provided then the docket cannot be completed and subsequently a trial date is not possible. The trial date should be provided by the registrar of the High Court not the prosecutor.”
Mawuwa said the State gave a phantom trial date in order to avoid removing accused persons from remand.
“This trial date is fake. Accused persons can only be provided a trial date through indicts but here we have just been provided a letter, clearly what is apparent is that there is no trial date and accused persons should enjoy their constitutional right of freedom,” he said.
Mlimo, widely known as DJ Munya, is facing charges of murdering Magorimbo, a man suspected to have been bedding his wife.
The court heard that after the illicit affair was discovered, Magorimbo allegedly gave Mlimo a part payment of $1 000 through Jani and Matare but later, became evasive prompting the popular DJ to enlist the services of Jani and Matare in order to force him to pay the agreed $5 000.
Subsequently, Magorimbo went missing, before he was eventually seen at his apartment by his wife naked with both hands tied with a rope.
He later died at West End Clinic. Daily News