HARARE – Amalgamated Rural Teachers’ Union leader Obert Masaraure appeared in court on Thursday charged with murder in what his lawyer said was a “classic case of trumped up charges.”
Masaraure, 37, was arrested on Tuesday accused over the 2016 death of colleague Roy Issa, who was all along assumed to have jumped to his death from a seventh-floor window of the Jameson Hotel in Harare.
In a stunning new development, prosecutors now say Masaraure “and his accomplices still at large” beat Issa to death in the street below in the early hours of June 2, 2016.
Magistrate Yeukai Dzuda heard the prosecution will call eight state witnesses.
Masaraure’s lawyer Doug Coltart said the unionist was being framed.
“The investigation into this case something of a witch-hunt where the police are not investigating in an impartial manner seeking the truth on what really transpired but conducting themselves in a way… they rather appear to be on a mission to frame the accused person with no evidence,” Coltart charged.
The lawyer revealed that the prosecution’s star witness was a woman named Samantha Lauti, who was allegedly detained “for an entire day” by the police and “forced to state that it was Masaraure who killed Issa.”
The National Prosecuting Authority alleges that Masaraure, Issa and friends were drinking alcohol at the Quill Club located at Ambassador Hotel, leaving at about 10.30PM on June 1 to go to Jameson Hotel where Masaraure had a room booked on the seventh floor.
The group allegedly continued drinking into the early hours of the next day “until a misunderstanding arose amongst them.”
“The accused (Masaraure) and his accomplices ganged up against Roy Issa and assaulted him on the head with unknown weapons along Park Street adjacent to Jameson Hotel. In order to conceal the offence, they misrepresented that Issa jumped off through the window which resulted in his death.”
The prosecution says a pathologist concluded that Issa died as a result of “brain damage, compound skull fracture and head trauma” before recommending that “police to investigate.”
Coltart said the charges were “fabricated”, insisting that Masaraure was nowhere near the Jameson Hotel at the time of the alleged incident.
“When we are finished, you will see that this is a classic case of trumped-up charges. The police have been constantly changing the allegations against Masaraure in order to come up with a narrative that will specifically pin him,” the lawyer said.
“Initially, there were allegations that Masaraure pushed Issa out of the window at Jameson Hotel. He was detained on a detention order on those allegations. All of a sudden, all the allegations have changed, new allegations were fabricated to say that Masaraure assaulted Issa to death along Park Street in the early hours of June 2, 2016.
“Masaraure answered to that in a warned and cautioned statement, giving his alibi that he was not at the scene but at home with his wife.
“Seeing the challenge that indeed Masaraure was not present at the scene at that given time, allegations were changed again to say the deceased was assaulted at 10:30PM.
“Furthermore, the prosecution has not been candid with the court because they did disclose that there was an inquest into this case conducted by the police, at the conclusion of which foul play was ruled out.
“We have been denied access to that inquest report which is a public document. Efforts were made to obtain that report from the clerk of court and it appears that it is missing.”
Coltart alleged that all the authorities were trying to bury the report and manipulate what appears in that report “to make it fit into the constantly changing allegations.”
Coltart also made a string of complaints against the police. Masaraure’s case was unprocedurally moved from the homicide division to the law and order section of the Criminal Investigations Department.
“It raises fears that this has become a politicised case. Evidence has been fabricated in order to frame the accused person,” said Coltart.
Coltart said Harare Central police was on Tuesday “completely locked down” and they were denied access to Masaraure.
“We pray that the inquest report be immediately put before this court and a copy be provided to the defence. We pray that the controller at Harare Central Police Station be directed to produce before this court a copy of the detention order of June 14 for it to be inspected by this court and that all the allegations be thoroughly investigated by the independent section of the police and a report be made to this court,” Coltart said.
Magistrate Dzuda will on Friday rule on the defence application for the inquest report to be tendered, and complaints against the police.
