Edgars Stores has no right to solicit a confession from Black Opal Face of Zimbabwe (Bofoz) second princess, Mercy Kamanura, who is accused of stealing a jumpsuit worth $40, a Harare magistrate ruled on Friday.
The magistrate Mr Batanai Madzingira, gave Kamanura (24) the benefit of the doubt and discarded her confession.
Edgars management insisted that Kamanura admitted the theft charges and wrote her confession before being taken to the police.
Mr Madzingira ruled that the model might have written the statement un- aware that she was incriminating herself.
“Edgars Stores security manager Isaac Kanyandura had no powers to make the accused model write a statement,” ruled Mr Madzingira.
“She was not told that she was under arrest. She was not informed of her rights, for example the right to remain silent.
“Her rights were not explained to her and in those circumstances, if a person waives her rights, it should be in writing.”
Mr Madzingira added that the trial within a trial should not have been held because the accused’s statement was not given to the police.
Kamanura was arrested after she was found in possession of a jumpsuit in her bag, which she had not paid for.
The court heard that she admitted to the offence and wrote an admission.
The main trial will resume today.