Black Opal Face of Zimbabwe (Bofoz) second princess Mercy Kamanura yesterday breathed a sigh of relief after Harare magistrate Batanai Madzingira ruled in her favour and declined to accept a confession statement allegedly recorded by Edgars Stores officials, as evidence.
by PAIDAMOYO MUZULU
Kamanura (24) is facing charges of stealing a jumpsuit valued at $40 from Edgars ZB branch.
The ruling by the court followed Kamanura’s lawyer Lovemore Matapure’s objection to the production of the statement arguing his client was coerced to write it by the Edgars staff and, therefore, it was not done freely and voluntarily.
But, in his ruling the magistrate said the statement could not be admitted as it was obtained without Kamanura being advised of her rights.
“It is apparent the accused [Kamanura] was not told of her right to remain silent, neither was she advised that she was formally under arrest and her rights explained to her before the statement was taken,” Madzingira said.
“She may have done so not knowing that she was self-incriminating. Furthermore, the statement was never given to the police. The court cannot admit the statement and as a result the objection is therefore sustained.”
During the trial within a trial, the State had called Edgars branch manager, Ketai Mashungupa, who testified that the accused was very calm when she wrote the statement.
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However, the defence argued that the coercion was done long before Kamanura was brought to the manager’s office.
The trial is set to resume on Monday next week and Progress Maringamoyo is appearing for the State.
