The Bulawayo High Court, Wednesday acquitted a local businessman Oricious Moyo, who was facing charges of allegedly fatally shooting Tawanda “MaPecca” Moyo, a former member of Siyaya Arts Group.
Justice Martin Makonese acquitted Moyo (41) of Emganwini suburb, who was alleged to have shot ‘Mapecca’ during a confrontation emanating from a suspected extra marital affair he was having with the deceased’s wife Jacqueline Moyo.
State allegations are that on the night of the shooting, July 27, 2017, Moyo was in the company of Jacqueline who was also an employee at Fish and Chicken City, a company he owns.
Moyo is said to have parked at his gate waiting for it to be opened when the now deceased Mapecca confronted the pair and inquired about their relationship.
The court heard that at that moment Moyo started his car in an attempt to flee but Mapecca clung to the front passenger’s door.
“This resulted in Moyo producing a pistol and shooting Tawanda once on the right side of ribcage and he fell down,” the court heard.
Moyo reported the incident to the police accusing Mapecca of trying to rob him. Police attended the scene and summoned an ambulance which took him to hospital.
In his defence, Moyo, who was represented by Robert Ndlovu of R Ndlovu and Company, accused Mapecca and his two companions Steward Nyathi and Leeroy Malunga of attempting to rob him of his money. Moyo also denied allegations of having an extra marital affair with Mapecca’s wife Jacqueline.
Jacqueline also testified to the court that she did not have an extra marital affair with Moyo and neither was she with him on the night of the shooting.
Justice Makonese said the State failed to prove it’s case beyond reasonable doubt citing that allegations against Moyo are highly speculative.
“Even if the courts can prove that the accused was with Jacqueline on the night of the shooting, such evidence does not assist the case. There is simply no evidence from any other independent witness on how the decesead met his death,” said Justice Makonese.
“The State itself indicated that Jacqueline denied the alleged affair and also denied having been with the accused on the night which deeply handicapped the State because she is the person who could have clearly narrated what happened. She chose not to cooperate.”Justice Martin Makonese
Justice Makonese said the evidence led by the police officer who attended the scene did not contradict Moyo’s defence in any manner even under cross examination.
“He found that accused had $2300 in his possession and recovered one cartridge from his car. Accused’s fire arm was licenced. There was no dispute that the now deceased was shot from close range. What is not clear however are the circumstances under which the firearm was discharged,” said Justice Makonese.