Judgment on the application for discharge at the close of the State case of the four men accused of causing the death of 11 children at Lake Chivero on Christmas Day last year will be delivered by provincial magistrate Tendai Mahwe today.
The application was made three weeks ago when prosecutor Michael Reza closed the State case after calling the evidence of the last witness.
The accused, comprising the owner of the boat, Latif Ameer (53), his relatives Fadil Ramon (27) and Joseph Abrahams (37) were charged alongside the boat driver, Enock Yolani Zulu (36).
They all argued that they were entitled to an acquittal because the State failed to prove a prima facie case against them.
Three weeks ago, both the State and the defence made an undertaking to file written submissions by July 26 in order to allow the magistrate time to deliver judgment.
Lawyer Hamios Mukonoweshuro told the court that his application was based on the State’s failure to establish a case against Ameer and Ramon, while Yaqub Ali Jogee, another lawyer, said he would establish that there was no proof that his client, Abrahams, was guilty.
And unrepresented Zulu submitted that the State had failed to prove a case against him because it had not called all the survivors, including the police officer who recorded his first warned and-cautioned statement.
However, Reza argued that he called all the State witnesses that included the two survivors, but said the third witness had indicated she was terrified to testify against the accused.
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Reza said only three children survived the accident while the rest died.
