ZIMDANCEHALL chanter, Takura ‘Blot’ Chioniso, has filed an application for discharge at the close of the State case in which he is being accused of illegal possession of drugs.
The application was made after prosecutor Tapiwa Kasema closed his case before Mbare magistrate Masaiona Shortgame.
Blot is arguing that he should be acquitted because the State failed to prove its case.
In his application, filed by his lawyers Ndanatswa Mazvimbakupa and Stanley Mtandadzi, Blot argued that one of the witnesses confirmed that the sachet of crystal meth was not recovered from him and there was a possibility that it didn’t belong to him.
“Munyaradzi Makombe, who was part of the arresting team, told the court under cross examination that the tip-off did not mention any particular individual and they only saw Chioniso in the car,” it reads.
“He further told the Court that some of the boys know their vehicle and probably they ran away after they saw it.
“He narrated that when they arrived, he personally went to the car and opened the car and found Blot seated at the back-seat of the car.
“Makombe further told the Court that he then advised him that they were looking for persons doing drugs at that place and that he was going to search his car.”
Adds the application:
“And, without going any further, he then noticed a sachet with white substance in the left side compartment at the back.
“Constable Makombe then testified that he immediately effected an arrest on Blot.
“During cross examination, Makombe told the court that he did not search Blot on his person and didn’t find the sachet on him and confirmed that there was a possibility that the sachet could not have been Blot’s’.”
They further argued that although Makombe told the court that he found Blot holding a bulb and lighter, used to smoke crystal meth, the apparatus wasn’t brought to court as exhibits.
They said the State failed to prove the essential element of being in physical control of the illegal drug.
The matter is back in court on September 7 when Magistrate Shortgame is set to hand down his ruling.