POLICE failed to prove their case against Zimdancehall chanter, Takura ‘Blot’ Chioniso, who was facing illegal possession of drugs charges.
He was yesterday freed after Mbare magistrate, Masaiona Shortgame, granted his application for discharge. Chioniso, who was being accused of illegal possession of crystal meth, an illicit drug, had been in custody for over three months.
He filed an application for discharge at the close of the State case last week, through his lawyers Ndanatswa Mazvimbakupa and Stanley Mtandadzi.
Magistrate Shortgame ruled that the State failed to prove its case as it was confirmed through the State witnesses that the crystal meth in question wasn’t found on his person but in the car that he was in.
“The police received a tip-off which did not mention names and Blot was seated at the far left backseat when they came and the substance was recovered at the right backseat door handle.
“Issues he raised in his defence are common cause, and mostly not in dispute, such as the fact that Constable Makombe was the arresting detail and he conceded that he did not search Blot and the drug was not on his person.” He added:
“The court is of the view that State was supposed to call Gijaz, the owner of the car as a witness, the State failed to prove that he (Blot) was in possession of the drug, or that he had an intention to possess the drug or whether he knew it was there.
“The State couldn’t even prove mental possession of the drug or the reason why he was seated at the back of the car.
“It was confirmed by Constable Mawowe that his friends ran away and the fact that he didn’t run away means that he didn’t know that the drug was in the car, the State failed to prove this case beyond reasonable doubt and the accused is found not guilty and acquitted.”
Tapiwa Kasema appeared for the State.