TWO soldiers accused of trying to bomb a dairy company were freed Thursday after they successfully applied for exception to the charges on basis that they were unlawfully charged.
Silas Pfupa and Solomon Makumbe were freed by a Harare magistrate Sandra Mupindu before their trial commenced.
Their other accomplice Borman Ngwenya was acquitted last year by magistrate Fadzai Mthombeni after a full trial.
They were accused of trying to bomb Gushungo Dairy which is owned by the family of former president Robert Mugabe.
On Thursday magistrate Mupindu ruled that at law, Florence Ziyambi who was the acting in place of the fired Prosecutor General (PG) after Johannes Tomana, had no authority to place Pfupa and Makumbe on remand.
“There is no evidence that Ziyambi had been authorised by the PG to prepare the consent and there is nothing to show that authority had been delegated to her by the PG,” said Mupindu in a judgement which was read by magistrate Hosea Mujaya on her behalf.
The suspects were rearrested and charged together with opposition Zimbabwe People’s Front (ZPF) leader Owen Kuchata who is serving a nine-year jail sentence for attempting to topple former Mugabe.
Prosecutor Michael Reza appeared for the State.