The Attorney General's Office (PGR) in Maputo has closed the case against businessman Silvestre Bila in the attempted murder of Agostinho Vuma, president of the Confederation of Economic Associations of Mozambique (CTA), on July 11, 2020, citing insufficient evidence.

"The possibility of Silvestre Bila being held responsible for the facts in question is minimal, as the elements found against him are not sufficient for this purpose (...). In this context and in accordance with the provisions of article 324 no. 2 of the Code of Criminal Procedure, we are refraining from issuing an indictment against Silvestre Júlio Bila in these proceedings," reads an order issued by prosecutor Alexandre Chiconela on February 26, quoted by "Savannah".

According to the magistrate, the level required for the constitution of a particular citizen as a defendant is different from that required for the formulation of the judgment imputing the facts to the defendant, through the indictment, just as it is different from that required for the indictment.

"We believe that proving the existence of disagreements between the accused and the offended party is sufficient to support the constitution of a certain individual as a defendant, but it is not sufficient, at the next level up, to support an accusation through an indictment, as is the fact that there is knowledge of one or other individual," reads the order.

In addition, according to the Chiconela prosecutor, this understanding is supported by article 158 of the Code of Criminal Procedure, which states that a criterion for determining the existence of sufficient evidence is the likelihood that the defendant will be convicted in court of the facts.

The order states that Silvestre Bila was indicted on suspicion of moral authorship in the thwarted murder of the president of the CTA.

The suspicions were based on the "existence of a disagreement" between the two, due to the fact that the "offended party had become amorously involved with the defendant's companion, Yara Simões, a fact that displeased him". The prosecutor also mentions that Vuma and Bila admitted that they had previously been friends.

"The fact that the defendants Salimo Mohamed Muidine, the alleged shooter in the foiled assassination attempt on Vuma, and Claudino Mário Machava, were close to Silvestre Bila at the time, also weighed heavily," the order states.

Muidine has been formally accused of his alleged involvement in the crime and has appealed to the Maputo Superior Court of Appeal, notes the decision of the Maputo City Prosecutor's Office.

"Regarding the first aspect [passionate disagreements between the two], it has been amply proven and documented, since, in addition to the documentary evidence attached to the case file, namely messages on social networks, among others, both the offended party and Silvestre Bila confirm the existence of this animosity," reads the decision.

For the magistrate, the key question for the legal analysis of the facts is whether this animosity can be taken as the motive for the crime that killed Agostinho Vuma in July 2020.

"There is no evidence in the case file to suggest this," says prosecutor Alexandre Chiconela.

With regard to the second element of the indictment, the relationship between Silvestre Bila and co-defendants Salimo Muidine and Claudino Machava, the Public Prosecutor believes that it has not been proven, as the allegations were not properly substantiated with facts.

"We believe that even if there were such proof, in itself, it would not be sufficient to conclude that the mere fact that they knew each other is enough to conclude that there was a conspiracy between them to commit a certain act, not least because, if we are to believe his own account of the attack, it seems that the offended party already knew the defendant Salimo Mahomed Muidine," the order states.

Agostinho Vuma was shot twice in the ribs and pelvis at around 3pm in the Tavares building, Josina Machel Avenue, specifically on the access stairs, by unknown individuals.