Chinese duo seek discharge

Two Chinese nationals facing charges of shooting the son of a Zanu PF Member of Parliament in a suspected case of mistaken identity have applied for discharge at the close of the State case arguing the essential elements of attempted murder had not been proven.

Son of Zanu PF MP for Hurungwe West Keith Guzah, Kevin and a lady “friend” Kudzai Nduku, were allegedly shot by two Chinese nationals Luo Tin Gpen, 27, Li Yize, 27, and a local, Gamuchirai Nigel Zuze, 23, when they opened fire on a team that had robbed one of them of $8 500.

Nduku was shot on the pelvis and sustained permanent injuries. She has been appearing in court wheelchair-bound.

The three accused appeared before Harare regional magistrate Hosea Mujaya for trial.

Gpen argues that the victims failed to identify him as the perpetrator of the offence during trial.

“Firstly the first accused is alleged to have shot Kudzai. It has been shown that the State has failed to adduce sufficient evidence to show that there is a prima facie case against him in respect of the first count,” read the application filed by Gpen and Yize.

“The accused person has not been properly identified as being the individual involved in the shooting. A shooting occurred but that is insufficient to cause the conviction of the accused persons.”

During trial, the State produced ballistic reports which showed that a cartridge was recovered which matched one of the pistols produced in court as evidence but Gpen and Yize argue it could have been used in a robbery incident, saying there was a possibility of a mix up.

“Of the four weapons submitted as evidence, the State witnesses could not ascertain which of the accused, if any, had which weapon or who had fired the shot from which the spent cartridge was recovered, Gpen and Yize further submitted.

“The State and police could have, but did not produce the bullets which were fired at the complainants. A forensic investigation of those bullets would have assisted the State to determine which gun actually fired the shots that injured the complainants.”

Prosecutor Michael Reza is set to respond to the application. DailyNews