Zvikomborero Parafini, Court Reporter
A Borrowdale duo landed in the dock last weekend charged for threatening to murder a Harare businessman.
The duo of Lourens Botha and Matthew Mullaji appeared before Harare magistrate Dennis Mangosi who remanded them in custody to today for bail considerations despite the State’s consent for bail on the basis that they had no compelling reasons to oppose bail.
The court heard that during the first week of this month, the duo together with Dov Morgan who is still at large sent threatening messages to end the life of Sivan Ofer using a South African number.
The message read ‘I will deal with you thoroughly if I fail to deal with you on earth, I will fu*k you in Mars, Sh*t.’
According to the State, the words have inspired fear to the complainant that the trio will commit the threatened offence of murder.
In motivating bail, the duo’s lawyer Admire Rubaya argued that no words in the alleged text message insinuate an intention to commit murder neither is any of the words used a synonym of murder.
“The form 242 that’s before you is one which we will use to challenge arrest and we have exercised our right not to do that today and we will do it on the next remand date.
“No one knows whose number it is or who operates the number and what’s critical is that it’s a charge of threats to commit murder and we need to find words that are synonymous to murder or synonyms of murder or kill.
“There’s no word that insinuates murder and there is the use of the word I, how are three people regarded as I, are they saying they were operating one cellphone the three of them and were not told whether it was sent as is or in another language.
“This 242 was vetted and bail was consented to by the deputy prosecutor general Micheal Reza.
“The complainant is misusing the justice system with senseless allegations.
“We hope that the court will deal with this matter without fear favour and prejudice to the accused persons because they are proper candidates for bail there’s no allegation that they are likely to abscond or interfere with witnesses or commit other offenses if released on bail,” said Rubaya.
The matter is back in court this afternoon for bail ruling.