Latest On Murdered Phone Dealer Sipho Ncube Case: High Court Blocks Police From Taking Blood Sample From Judge’s Son


Latest On Murdered Phone Dealer Sipho Ncube Case: High Court Blocks Police From Taking Blood Sample From Judge’s Son

 

In the latest development in the case of murdered phone dealer Sipho Ncube, the High Court has barred police from collecting blood samples from High Court judge Garainesu Mawadze’s son Munyaradzi Jnr Mawadze.

The judge’s son is one of three suspects charged with the phone dealer’s murder in 2020. Munyaradzi Jnr Mawadze, 24, was arrested along with Elvin Dongo Saungweme and Dellon David Balani.

At the time of the murder, the three were accused of murdering Sipho in order to steal his cellphones.

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Blood-stained clothing was later recovered from all of the suspects and in Mawadze’s car seat.

However, High Court justice Siyabona Musithu stopped the investigating officers from taking blood samples from Mawadze Junior.

Justice Musithu quashed the warrant authorising the police to collect blood samples after ruling that it was invalid.

Following an application from the judge’s son, the court ruled that the Magistrate who issued the warrant had made a mistake.

 

Munyaradzi Junior Mawadze [Pictures: Facebook/ZimCelebs]

 

 

The judge ruled, effectively preventing the police from collecting a blood sample,

“On his part, the third respondent (the magistrate) just issued the warrant without paying much attention to the quoted sections of the law to determine if they really applied to the application before him,” said the judge.

“This kind of intention to detail is so gross and cannot be countenanced by this court.

“In view of the foregoing observations, the only inescapable conclusion this court can reach is that the warrant was not issued in accordance with the law.

“That makes it irregular and consequently invalid. There is no warrant that the applicant is expected to comply with.

“In light of these findings, it becomes unnecessary for this court to interrogate the other grounds for review which were premised on the supposition that the warrant of search and seizure was valid,” as per ZimLive.

The case is still ongoing.

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