ZIMBABWE – 7th may– A HARARE court yesterday cleared Highfield East legislator Mr Pearson Mungofa of allegations of causing disaffection among the defence forces by communicating falsehoods.

Mr Mungofa was being accused of driving to the Zimbabwe National Army headquarters at KGVI in the company of MDC secretary for defence Tichaona Augustos Mudzingwa and telling soldiers that MDC leader Mr Morgan Tsvangirai had won the March 2008 presidential election well before the Zimbabwe Electoral Commission announced the results.

Magistrate Mr Tapiwa Godzi found Mr Mungofa not guilty at the close of the State case on the basis that the prosecution had failed to prove a case against him.
Mr Godzi said none of the witnesses convinced the court that Mr Mungofa committed the alleged offence and that he should be discharged before he was put to his defence.

He ruled that Mungofa never played any role in the commission of the alleged offence and he did not utter any words as testified by all the State witnesses.

“From the evidence led in this court, it is apparent that the role allegedly played by the accused person was not clearly defined. The evidence, instead, suggests that the accused person remained in the vehicle and that he did not utter any words. He did not communicate any falsehoods as alleged.

“His assertion that he was merely requested to drive Dr Mudzingwa is probably true. Even Captain Owen Mudziviri, who testified in the trial, acknowledged this possibility. I see no basis upon which the accused person should be put to his defence. It is this court’s considered view that where an allegation of acting in common purpose has been raised there must be evidence to prove this assertion.

“The accused person’s explanation is probably true and at this stage, the State did not lead evidence to disprove the explanation. The court has no option, but to retain a verdict of not guilty,” ruled Mr Godzi.

Mr Mungofa freely walked out of the courtroom in the company of his lawyer Mr Alec Muchadehama before granting an interview to the foreign Press at the main entrance of the Rotten Row building.

Mudzingwa is being separately tried in another court on similar allegations.

Additional reporting:  Zimdaily