MARTIN MAWAYA
KADOMA–A high-stakes drug case involving more than 200kg of dagga dramatically collapsed in court after glaring inconsistencies and missing evidence.
The case exemplifies a stinging indictment of investigative standards raising fresh questions over the handling of exhibits by law enforcement agents.
Kadoma magistrate Charity Tonongera acquitted 28-year-old Trymore Machakwa of unlawful possession of dangerous drugs, ruling that the State had failed to prove its case beyond reasonable doubt.
Machakwa, represented by former senior public prosecutor Taurai Mavuto from Mandipa, Makwara and Chikukwa legal practice, walked free after a full trial in which the court tore into both the police investigation and the prosecution’s handling of evidence.
In her ruling, Tonongera said the State’s case was riddled with “grey areas” and unexplained contradictions, while the defence mounted a “rigorous and compelling” challenge that exposed fatal weaknesses.
The State alleged that on December 18, 2025, police raided Machakwa’s Ingezi home at number 3963 in Kadoma and recovered five packets of dagga before he allegedly led them to another property at number 507 at Ingezi phase 2 where 221kg of the drug was found.
However, the defence, led by Mavuto, dismantled the State’s case, arguing that the alleged recovery at Machakwa’s residence was not supported by a seizure form as required by law, rendering the evidence unreliable.
He further submitted that police claims that the document had been “lost” were unconvincing.
“The law is clear,” Mavuto said. “Failure to comply with seizure procedures renders such evidence inadmissible.”
The court noted that the charge sheet itself undermined the prosecution’s case, as it made no reference to Machakwa’s residence and focused solely on the second property, a contradiction that could not be ignored.
Mavuto also tore into the State’s claim that the accused led police to the second location, citing testimony from defence witness Priviledge Parakasingwa.
Parakasingwa told the court that police had already been at the property, forced open a locked room and discovered the dagga before calling colleagues, who later arrived with Machakwa already in handcuffs.
“This clearly shows the accused did not lead the police to the scene as alleged,” Mavuto argued, adding that the State’s version was “misleading and unsupported by credible evidence.”
The defence further challenged claims that Machakwa unlocked the room where the drugs were found, with evidence showing the door had been forced open in his absence.
Mavuto highlighted that investigators failed to produce any keys linking the accused to the room, a critical omission that weakened any claim of possession.
He argued that the room belonged to a landlord identified as Learnmore Banda and that police failed to pursue obvious leads, including waiting to apprehend the alleged owner.
“The police acted overzealously and prematurely,” Mavuto submitted. “They rushed to arrest the accused without establishing any nexus between him and the recovered dagga.”
Citing established case law, Tonongera emphasised that the burden of proof rests entirely on the State and that an accused person must be acquitted if there is any reasonable possibility that their version could be true.
In this case, the court found the defence version not only plausible but corroborated, while the State’s case was riddled with contradictions and investigative gaps.
“The State has failed to discharge its burden,” Tonongera ruled.
