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Corroborative Evidence re: Approach and Principle that Lies Told By Accused Amount to Corroboration of State Witnesses

Appealed HH144-12 : TICHAFA MUHOMBA vs THE STATE
Ruled By: MAVANGIRA J and HUNGWE J

The medical report gave sound corroboration to the complainant's testimony.
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HH101-12 : THE STATE vs TINASHE MOHAMMED AND SIMBARASHE MUYAMBO
Ruled By: BERE J and ASSESSORS: MAGOROKOSHO and CHIDAVANYIKA

The arrest of the first accused was done in dramatic fashion, in the early hours of..., and in public. It attracted the attention of quite a number of residents of Dangamvura suburb who could have been called to add value to the State case as independent witnesses. No such witnesses were called and the ...
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HH65-09 : SHEPHERED SAMANENJI MHIZHA vs THE STATE
Ruled By: BEREJ

It will be noted that the offences of possession of firearms and ammunition were alleged to have occurred at a place called Pennywise at Bon Marche, Eastlea Shopping Centre, Harare, at 09:30 hours. I take it this place is a public place, and that the offences, including the shooting of the applicant by the police officers, ...
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HH116-09 : STATE vs WESLEY JOKONYA
Ruled By: KUDYA J and ASSESSORS: SHAVA and BARWA

Taurai Mupawaenda, a policeman, arrested the accused person on 30 January 2006 after he surrendered himself at the police station. He failed to record a warned and cautioned statement from him as he was incoherent.
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HH149-09 : THE STATE vs K A JUVENILE
Ruled By: UCHENA J and ASSESSORS: NYANDORO and MUTAMBIRA

The defence led evidence from Dr Madhombiro whose affidavit had already been accepted by consent…,. Dr Chibanda agreed with Dr Madhombiro's affidavit on the accused's mental state. They agree that he suffers from a condition called temporal lobe epilepsy which renders him incapable of being responsible for his actions.
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HB01-11 : IDAH NYABEZA and MUNYARADZI MURENGA vs THE STATE
Ruled By: CHEDA J and NDOU J

At the trial, the State led evidence from three pupils, namely, Vuyo Ndlula Grade 7, Patience Zvomusekwa Grade 4, and Emmanuel Mpofu Grade 5 Blue. All these witnesses are pupils at the school and their evidence was that the first appellant made an announcement that those who had not paid levy fees were ...
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HB18-10 : RAMSON MASHONGA vs THE STATE
Ruled By: KAMOCHA J and CHEDA J

As already alluded to…., Inspector Charles Bendembe did not see anything improper in the manner she called out the time for lowering the national flag. He said the chair fell over by mistake, and went on to confirm that she had the rifle in her right hand at the time of the alleged assault. Inspector Charles ...
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HB85-10 : THE STATE vs MILOS MOYO
Ruled By: MATHONSI J

Having said that, we need to mention that the accused explained that the reason he chased after the red ISUZU and fired shots was not so much because the vehicle had been skidding at the intersection but because he had observed that the driver was armed. The State has sought to rubbish that explanation on ...
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HH135-11 : THE STATE vs ELTON MANGOMA
Ruled By: BHUNU J and ASSESSORS: CHIVANDA and MHANDU

The accused, in his defence outline, stated that none of their traditional suppliers of fuel had any diesel for sale. The Permanent Secretary confirmed the accused's defence to that effect. Under cross-examination he was asked: “Q. Now, Mr. Mupamhanga, in your statement you accept that on or about 11th January 2011 there was a fuel ...
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HH149-11 : THE STATE vs SHADRECK ENZANISAI CHIRERE
Ruled By: UCHENA J and ASSESSORS

Constable Gift Pamire was the next State witness. He has been in the police force for about five years. On 16 May 2010, he was stationed at Mutoko Police Station. The accused came to the Charge Office when he was on duty and reported to him that he had had a fight with ...
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View Appeal HB08-13 : THE STATE vs NKANYEZI MOYO
Ruled By: KAMOCHA J

Chibutu Mashwana's evidence shows that the accused was in the area where the deceased met his death on that particular day. He also saw the accused indicating a hole on the anthill to the police in which the axe and a broken handle had been hidden. He confirmed Sikwamula Filias Moyo's story that he ...
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HB27-13 : THE STATE vs STARBOY MASAVE
Ruled By: MAKONESE J

The evidence of Sikini Mapiwa was substantially similar to that of the first witness in all material aspects.In spite of criticism by the defence counsel that the evidence of this witness was somehow suspect, his evidence is consistent with matters that are essentially common cause. The fact that he saw the accused stabbing the deceased ...
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HB50-13 : QHUBEKANI MAPHOSA vs THE STATE
Ruled By: KAMOCHA J and CHEDA AJ

The complainant is corroborated by her brother Themba Dube. He witnessed the appellant assaulting the complainant and was also attacked when he tried to intervene. He helplessly watched the appellant dragging the complainant into the bush until he vanished with her.
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HB68-11 : KENNETH DRUMMOND vs THE STATE
Ruled By: CHEDA J and MATHONSI J

The appellant called two witnesses who corroborated his evidence. The first one, Cuthbert Mazambani, who was a Prison Officer at Masvingo Prison, was attracted to the scene as he was passing by. He confirmed that the reflectors of the army truck were covered by the tarpaulin; for one to see the reflectors, which were very dirty, ...
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HB74-11 : THE STATE vs BUTHOLEZWE TSHUMA and WELCOME NCUBE and NOMORE PHIRI and GEE MOYO alias YENZANI MOYO alias GERALD TSHUMA
Ruled By: KAMOCHA J

Constable Godfrey Muzungu was at the shops when the robbery took place. He is the one who recovered the spent cartridge fired from Accused 3's pistol. He told the court that the robbers left the scene in a white small car at a very high speed confirming Sithandekile Nkomo's evidence that the robbers had ...
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HB77-13 : THE STATE vs KUDAKWASHE MASHAVAKURE
Ruled By: KAMOCHA J

Fiona Mpofu was part of the group that went to search for the deceased. She corroborated the evidence of the two witnesses who testified before her. Speaking through his uncle's wife, who acted as an interpreter, the accused told them that a certain white bearded man came home and took away the deceased from home but ...
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HB182-13 : THE STATE vs CONRAD SIBANDA and FANUEL NOTSA DUBE and QUIET SIBANDA and MPILOKAMLIMU NCUBE
Ruled By: BERE J

If there was need for further corroboration of the evidence of Sikumbuzo Mpala and Kuno Ngwenya, the evidence of Gilbert Ncube was available to do just that. Gilbert Ncube was one of the witnesses who recovered an Okapi knife inside the jacket of Adolf where the latter had been hiding. Other than the knife, the ...
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HB141-11 : THE STATE vs FARAI MACHAYA and ABEL MAPHOSA and EDMORE GANA and BOTHWELL GANA and OBERT GAVI and TIRIVASHOMA MAWADZE
Ruled By: MATHONSI J

Tinashe Kwicho This 21 year old witness hails from Chimbani Village in Chief Nemangwe Gokwe. He went to school up to Grade 6 and the deceased was his uncle. He corroborated the evidence of Tinoziva Batisa in all material respects from the time that the group got to his homestead after he had just had supper right ...
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HB143-11 : THE STATE vs MTHABISI KHUMALO
Ruled By: KAMOCHA J

Shadreck Sibanda is corroborated by the accused himself in his confirmed extra curial statement where he said he confronted the deceased.
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HB165-11 : THE STATE vs PETERSON MAURICE ELDERMAN
Ruled By: KAMOCHA J

Thandiwe Sibanda told the court that the accused had taken some beer but was not drunk at all.This is supported by the other witnesses.
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HH316-14 : THE STATE vs ZVENYIKA BASERA
Ruled By: BERE J

The evidence of Rhoda Chakanyuka equally fitted into the evidence of Ruramisai Muzenda and she too confirmed that the accused chased after the first group of people who sought to ascertain what was happening at the accused's place in response to the noise that had attracted other concerned neighbours.
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Appealed SC20-15 : BIGKNOWS WAIROSI vs THE STATE
Ruled By: ZIYAMBI JA, GOWORA JA and MAVANGIRA AJA

This court has stated that lies told by an accused person can properly be taken as evidence to corroborate the evidence of State witnesses. See S v Mhlanga 1987 (1) ZLR 71.
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HB102-16 : THE STATE vs EDGAR MAJASI and PRECIOUS NKOMO
Ruled By: MOYO J

The authority for the principle that an accused person's lies can amount to corroboration is the case of Katerere v S SC55-91 and S v Nyoni SC118-90.
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HH64-15 : LAST MUPFUMBURI vs THE STATE
Ruled By: HUNGWE J and BERE J

It is recognised that corroboration is regarded by many as a cornerstone of the criminal justice system. It is perceived to be an important check which helps to ensure, so far as practicable, that miscarriages of justice are kept to a minimum.
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HB131-16 : THE STATE vs KAINOS SHOKO and ENITA ZANAMWE
Ruled By: MOYO J

Accused One's denial…, and his diverse reasons on his mission there as well as the diverse versions on what transpired on the morning of 14 February 2013 can only be taken by this court to buttress Rudo Hove's evidence that indeed she heard Accused One's voice at about 11pm on the night in question…,.
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View Appeal HB23-15 : THE STATE vs SAMSON MUTERO
Ruled By: KAMOCHA J

The 40 years old accused stands accused of the crime of murder which was alleged to have been committed on 20 September 2013 at Gore Village, under Chief Nyamhondo, in Mberengwa in the Midlands Province.He is alleged to have caused the death of Chipochashe Ndlovu, a female infant aged 3 ...
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HB139-16 : AMINI PHIRI vs THE STATE
Ruled By: BERE J and TAKUVA J

In Mtshweni 1985 (1) SA 593, the court cautioned against drawing conclusions and determination of guilt on the basis of the accused's untruthful evidence or denial stating that:- “The conclusion that, because an accused is untruthful, he therefore is probably guilty must especially be guarded against. Untruthful evidence or a false statement does not always justify the most extreme ...
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HB29-14 : THE STATE vs SONNY KUZOMUNHU CHASI
Ruled By: MAKONESE J

It is trite that where the accused person is found to have lied then he ought to have intended to hide something.
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HB163-16 : DAVISON CHARIRWE vs THE STATE
Ruled By: BERE J and MATHONSI J

According to ROWLAND REID.., corroboration means evidence, other than that of the complainant, which is consistent with the complainant's version of facts and which tends to show the guilt of the accused. To be of evidential weight, the facts corroborated must be material ones. It is a salutary principle of our law of evidence that a ...
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HH149-15 : THE STATE vs CLEVER CHISAHWIRA
Ruled By: MAWADZE J and ASSESSORS: GWEME and MHANDU

In his Defence Outline, the accused said….,. In his evidence-in-chief the accused changed his version….,. The accused was unable to reconcile these versions on how exactly he assaulted the now deceased. The reason is that he is not being truthful.
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HMA08-18 : THE STATE vs SIKHALA ZHOU
Ruled By: MAWADZE J and ASSESSORS: GWERU and MUSHUKU

It is our view that no useful purpose would be served by dealing with the various defences raised by the accused….,. The fact of the matter is that the accused's defence is anchored on falsehoods….,. The accused's mother was never under attack hence it is a lie that the accused acted in her defence.
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HMA02-16 : THE STATE vs COLLET BAIRA MANZONZA
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and GWERU

The evidence of Esnath Manzonza (Esnath) is not very material as she did not witness the struggle between the accused and the deceased in the bedroom nor how the accused stabbed the now deceased. She, however, corroborated Innocent Manzonza and Piniel Manzonza on the genesis of the misunderstanding between the accused and the now deceased from ...
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HMA07-16 : THE STATE vs BERNARD MAKUCHETE and RICHARD MAKUCHETE and RABSON MAKUCHETE
Ruled By: MAFUSIRE J and ASSESSORS: MUSHUKU and DHAURAMANZI

That basically was the accused's case. It was a pack of lies. We had little difficulty dismissing it. It did not add up….,.
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Appealed HH523-16 : THE STATE vs TUNGAMIRAI MADZOKERE and YVONNE MUSARURWA and LAST MAYENGEHAMA and LAZARUS MAYENGEHAMA and PHENEAS NHATARIKWA and EDWIN MUINGIRI and PAUL NGANEROPA
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and MHANDU

Both accused, Tungamirai Madzokere and Yvonne Musarurwa, were not telling the truth...,. Once the accused's own evidence is severely discredited..., any supporting evidence is equally tainted. The accused's (Last Maengehama) conduct in proffering a fake alibi..., tends to lend weight to the State's evidence that he was seen by an eye witness actively participating in the commission of the offence.
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HMA16-18 : THE STATE vs AITWITNESS MAPURISA
Ruled By: MAWADZE J and ASSESSORS: GWERU and DAURAMANZI

The accused's story on how he ended up in possession of the knife is a very poorly thought account which even a kindergarten kid cannot believe - even his own girlfriend saw him pulling out the knife from his trousers pocket.
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HMA33-17 : AUBREY CUMMINGS vs THE STATE
Ruled By: MAFUSIRE J

Counsel for the applicant pressed home the argument that it was in the car, back from inspecting the scene of Count Three, that the complainant had disclosed, for the first time, Counts One and Two. His point was, if the investigating officer and Sheena heard the same thing at the same time and place, and ...
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Appealed HH523-16 : THE STATE vs TUNGAMIRAI MADZOKERE and YVONNE MUSARURWA and LAST MAYENGEHAMA and LAZARUS MAYENGEHAMA and PHENEAS NHATARIKWA and EDWIN MUINGIRI and PAUL NGANEROPA
Ruled By: BHUNU J and ASSESSORS: MUSENGEZI and MHANDU

The remarks of BERE J, in the case of Moyo v Nkomo Another HB38-11, are apposite. In that case, the learned judge had occasion to remark as follows:“Witnesses who testify on anything are not expected to recount events as if they were recording machines. People will observe or ...
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HMA27-18 : THE STATE vs FREDRICK CHAFADZA
Ruled By: MAFUSIRE J and ASSESSORS: GWERU and MUSHUKU

Dominic Mombeyarara Tofara's evidence dovetailed with the rest of the other evidence led by the State.
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HMA29-18 : THE STATE vs WIKLOVE VURAYAI and MUNYARADZI VURAYAI
Ruled By: MAWADZE J and ASSESSORS: MUTOMBA and NISH

Our findings are that the version given by both accused persons is false.
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View Appeal HB366-17 : THE STATE vs WONDER MUNSAKA
Ruled By: MOYO J

The accused is a liar, he is the only person who knows why he committed this callous murder on the deceased. He is deliberately hiding the true reason to the court…,.
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HH516-17 : STATE vs ARNOLD JERI
Ruled By: TSANGA J and ASSESSORS: MTAMBIRA and MHANDU

The accused was charged with murder in that on the 8th day of September 2016, at Umsweswe Bottle Store, Pingo in Kadoma, he unlawfully and with intent to kill caused the death of Linda Runyararo Mushangi by stabbing her on the stomach with a knife causing injuries from which she died. The summary of the State's case ...
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HMT13-18 : THE STATE vs PATRICK KASHIRI
Ruled By: MWAYERA J and ASSESSORS: MAGOROKOSHO and MAWONEKE

Generally, the accused lacked the disposition of telling the truth.
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HH515-17 : STATE vs MADALITSO RANCHI
Ruled By: TSANGA J and ASSESSORS: GWEME and MHANDU

The accused, rather than Susan Moyo, is the one who showed the propensity for dishonesty.If there was anyone's evidence to be suspicious of due to the likelihood of lying, it would be that of the accused and not Susan Moyo….,.Susan Moyo's evidence, that her mother was alive on Saturday the ...
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HB84-15 : THE STATE vs PROUD MOYO and MAVIS MUTEMA
Ruled By: TAKUVA J

The question is; who is telling the truth here?…,.Unlike the State witnesses' version, which is clear on what happened to them that Sunday morning, the first accused's version is contradictory.In our view, Accused 1's evidence, surrounding the events of the fateful Sunday, is totally incredible. It contains falsehoods and lacks ...
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HH528-16 : THE STATE vs PATRICK MOYO
Ruled By: CHITAPI J and ASSESSORS: GONZO and CHAKUVINGA

Arnaldo Maguina Mussaliva's evidence corroborated that of Shongedzai Doro…, as regards the deceased's reason for driving away from St Alberts; being that he had been hired. The witness's evidence was straight forward and the court accepted it as such....,.Each time that the accused opened his mouth to speak, one expected ...
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HB169-17 : THE STATE vs EVERTON MOYO
Ruled By: TAKUVA J

We are satisfied beyond a reasonable doubt that the accused's story is false. We are not satisfied that his explanation might reasonably be true…,.
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HH43-16 : THE STATE vs ELISHA MLAMBO
Ruled By: HUNGWE J and ASSESSORS: RAJAH and CHIPERE

The warned and cautioned remained admitted by the accused. It was a detailed one; it touched on matters which only the accused could have known about. It deals with matters of details which are confirmed by the witnesses. The accused does not claim that the police forced him to write ...
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Appealed HH61-06 : THE STATE vs MUNETSI KADZINGA
Ruled By: PATEL J and ASSESSORS: DANGAREMBIZI and TUTANI

Throughout the trial proceedings, the accused gave the impression of a witness who had fabricated his version of events beforehand and who was constrained to modify it as his testimony progressed in response to probing questions....,.As appears from the State Summary, the evidence of Cindy Anderson corroborates that of Michael ...
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HMT15-18 : THE STATE vs LUKE CHIDHIZA
Ruled By: MWAYERA J and ASSESSORS: MUDZINGE and CHIPERE

Most State witnesses evidence was formally admitted in terms of section 314 of the Criminal Procedure and Evidence Act [Chapter 9:07]. Thus, evidence of Chipo Makuyana, Kenas Sithole, Evidence Mbiri, Takesure Ngwenya, Donald Mhuru, Elias and Simbisai Masoka was on common cause aspects….,.The oral evidence adduced from Tracy Paza, Lovemore ...
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HH17-18 : STATE vs JAMES CHISHAKWE
Ruled By: HUNGWE J and ASSESSORS: RAJAH and CHAGONDA

The accused's defence is that he was so drunk that he does not remember what happened. However, in our assessment, this defence is false…,.
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