High Court Judge Justice Tawanda Chitapi has made a controversial decision of granting Z$10 000 bail to Thanks Makore (56), the prime suspect in the apparent ritual murder of his seven-year-old nephew, Tapiwa Makore.
Thanks Makore was arrested in connection with the suspected ritual murder of his nephew, amid allegations that he was given the boy’s head and arms.
He was reportedly the mastermind behind the gruesome murder and he is believed to have offered to pay US$1 500 to co-accused Tapiwa Makore Snr, Tafadzwa Shamba and Maud Hunidzarira for the head and arms of the deceased.
Thanks approached the High Court seeking bail. This came as the boy’s family is demanding justice in the matter, which has dragged on for three months.
But Thanks was suspecting that the accusations laid against him were made by family members whom he was not in good books with.
Justice Chitapi granted him bail citing that there was no evidence that Thanks masterminded the crime.
“There was nothing alleged to give flesh to the allegations against the accused.
“Evidence is not there that the accused masterminded the crime.
“The State appears to base its allegations on the conspiracy.
“Seriousness of the offence is not and can not be a reason to deny the accused bail
Chitapi added that, “the State had alleged that if the accused is released on bail, he would be attacked by a mob.
“But I’m of the view that it is a function of the court to make a determination of guilty or innocence.
“The public cannot be a prosecutor and judge.
“What counts is the evidence for conviction not public sentiments.”
As bail conditions, Chitapi ordered Thanks to deposit Z$10 000 at Clerk of Court at Mutoko Magistrate Court, reside at his given address, report once per week to police, surrender his passport and not to interfere with the State witnesses.
In an interview with Nehanda Radio, the late Tapiwa’s aunt, Annie Chatsamba said she was shocked with the judgment but they would sit with the family to map the way forward.
Meanwhile, Chatsamba said the remains of Tapiwa will be buried on the 9th of January next year.