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Mashudu Netsianda, Senior Court Reporter
ONE of the four cigarette smugglers who had been accused of forcing a member of a rival group to jump into the flooded Limpopo River resulting in him drowning, has been acquitted.

Isheunesu Ndhlera was acquitted at the  close of the State case following an application for discharge by his lawyer, Mr Nkosilathi Mlala.

Mr Mlala argued that the State failed to prove its case beyond reasonable doubt. The State’s only witness, Mr Wellington Makumbe exonerated Isheunesu from the murder when he gave his testimony on Tuesday.

Isheunesu was jointly charged with Isufu Banda, Brian Mhike and Lungisani Ndhlera for murdering Leeroy Mhlanga when they appeared before Bulawayo High Court judge Justice Maxwell Takuva.

They were part of a group of six men that allegedly stoned Mhlanga forcing him to jump into the river in a bid to escape the attack, three years ago.

The other two suspects, Tafara Hove and Pardon Machekeche are still at large.

Mr Makumbe told the court that Isheunesu did not participate in the murder of Mhlanga because he remained behind nursing his injuries following an attack by one of the members of the rival group while the other accused persons pursued the deceased.

Prosecuting, Mr Whisper Mabaudhi said on April 3 in 2014 at around 11.30AM, Mhlanga, a ring leader of a smuggling syndicate, was at Museche illegal crossing point along the Limpopo River with other smugglers among them, the accused persons.

The court heard that a misunderstanding ensued between the deceased and Isheunesu, a ring leader of a rival group.

The dispute was over the refusal by Isheunesu’s group to join Mhlanga’s group to the South African side.

They intended to attack a group of thugs that had robbed them of boxes of cigarettes, which they had smuggled into the neighbouring country.

The thugs allegedly worked in cahoots with South African soldiers operating along the Limpopo River.

“Mhlanga and one Thompson Mbambo who is still at large assaulted Isheunesu before stabbing him with a knife once above his left eye,” said Mr Mabaudhi.

The court heard that Isheunesu mobilised the other five accused persons to attack Mhlanga.

They armed themselves with stones and charged towards Mhlanga.

“Mhlanga tried to escape as they attacked him with stones and in the process he jumped into the crocodile-infested Limpopo River,” said Mr Mabaudhi.

The accused persons relentlessly threw stones at Mhlanga until he drowned. His body was found floating in the river a few days later.

The four accused persons fled to Mberengwa where they were arrested.

Banda yesterday took to the witness stand and denied the charge. In his warned and cautioned statement he had admitted the charge.

However, in his defence yesterday, Banda argued that he acted under duress, saying he was forced into submission by investigating police officers.

The trial continues today.

— @mashnets