The Zimbabwe Prisons and Correctional Service (ZPCS) officer accused of facilitating the escape of convicted rapist, Mike Mathe, from Plumtree Prison has asked the court to discharge him at the close of the State case, arguing that the prosecution’s key witness is unreliable and his claims are unsupported by evidence.
Yusufu Yusufu (47) appeared before Bulawayo Regional Magistrate Taurai Manuwere facing a charge of facilitating an escape from lawful custody.
Through his lawyer, Stanley Chinyanganya, Yusufu submitted that the State had failed to establish a prima facie case, arguing that Mathe’s testimony was uncorroborated and inconsistent.
“The accomplice witness is not a reliable witness because he failed to call a single witness to corroborate his testimony and refused to identify any inmate who allegedly stood guard while he cut the prison burglar bars,” Chinyanganya told the court.
On this topic
He argued that Mathe’s claim that he had lent Yusufu US$2,000 was unsupported by any documentary evidence or witness testimony.
“The witness has no proof that he loaned my client the money and there is no evidence linking my client to the alleged escape plan,” he submitted.
“Mathe is a habitual offender facing multiple serious criminal charges, arguing that his evidence should be treated with caution. He is a well-known and feared criminal in Plumtree and cannot be relied upon as a credible witness. The accused was a strict prison officer who did not tolerate any misconduct from Mathe.”
The defence also said there were contradictions in the State’s case. Chinyanganya said Mathe had testified that he had been barred from using the official prison cellphone, yet another State witness, prison officer Bhekumuzi Khanye, told the court that Mathe was allowed to use the prison telephone to communicate with his wife.
However, state representative, Mufaro Ndirayire, opposed the application for discharge, arguing that the State had led sufficient evidence for the trial to proceed.
“The State has established a prima facie case. The accomplice witness gave direct evidence that the accused supplied him with two hacksaw blades, which he used to cut the burglar bars and escape from prison,” Ndirayire submitted.
The allegations stem from Mathe’s escape from Plumtree Prison in the early hours of November 15 last year while serving a 20-year prison sentence. At the time, he was also facing pending charges of murder, having sexual intercourse with a young person and physical abuse.
According to the State, Mathe escaped by cutting through the burglar bars of his holding cell using two hacksaw blades allegedly supplied by Yusufu. The blades were allegedly left at the scene and are expected to be produced as exhibits during the trial.
After escaping, Mathe allegedly crossed into Malawi, where he lived disguised as a street vendor before being arrested for entering the country illegally after failing to produce valid identification documents.
He was deported to Zimbabwe on February 24 and arrested by Criminal Investigation Department (CID) Homicide detectives upon arrival at Robert Gabriel Mugabe International Airport.
Magistrate Manuwere postponed the matter to August 6 for ruling on the application for discharge at the close of the State case.
Leave a Reply