The High Court today reserved judgement in the sentencing of the 3 MDC T activists who were convicted for the murder of policeman Petros Mutedza in Glenview 3 in 2011. Judgement is expected after 2 weeks.
Mutedza was killed after he fell off a moving vehicle during clashes with MDC-T activists in Glenview. 29 people were arrested for the murder including then youth league chairman Solomon Madzore.
State prosecutors urged the court to consider the death sentence but this was quashed by the defense lawyers who pointed out that death sentence did not apply to the female accused as the constitution clearly states that women may not be subject to a death sentence.
The defense counsel also argued that the doctrine of common purpose which was relied upon to secure a conviction was a discredited law which was used by repressive regimes such as the Smith regime and apartheid South Africa and against the spirit of the new constitution.
Beatrice Mtetwa, the defense lawyer argued that the doctrine of common purpose was unconstitutional and the court had to take that it account in passing judgement.
She also argued that it was police who had provoked members of the public who were going about their ordinary activities at a leisure spot. She added that the behaviour of police in dispersing members of the public who were gathered at a leisure spot had no legal basis .
In her submission she also pointed out that ZRP has become famous for brutalising citizens and the court has to take into account the conduct of the police in sentencing the accused.
The lengthy submission by the defense lawyers forced , High Court judge Chinembiri Bhunu to reserve judgement for two weeks to consider the points raised.