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Fungai Lupande Court Reporter
WHILE most people were relaxing at home or celebrating Workers’ Day on Monday, Harare magistrate Mr Tendai Mahwe and prosecutor Mrs Idah Maromo were busy dealing with various offences committed over the holiday. A 20-year-old Ugandan athlete who visited the country as an official during the World Rugby Under-20 tournament appeared in court for indecently assaulting a Kuwadzana 1 High student in his hotel room.

Eldrine Kayima (20) was represented by his lawyer, Mr Henri Paul Ingabire. The complainant (18) submitted an affidavit intending to withdraw the matter. However, Mrs Maromo told the court that she was opposed to the withdrawal.

She proceeded to oppose bail for Kayima, stating that he was a foreigner and a flight risk. Mr Ingabire insisted that being a foreigner was not sufficient reason to deny the accused bail. “The law of Zimbabwe protects every human being, including foreigners. (The) accused came to Zimbabwe on invitation by the Rugby Union of Zimbabwe,” he said.

However, Mr Ingabire, who seemed to be unfamiliar with court protocol, dashed to the gallery to get his client’s passport, much to the dismay of the magistrate. Mr Mahwe told Mr Ingabire that he did not tolerate such behaviour which amounted to contempt of court.

The matter was briefly stood down before Kayima was granted $20 bail and ordered to surrender his passport. Also in court was a Mount Pleasant man, Last Mapuranga, who was accused of spitting in a butcher’s face before assaulting him.

Mapuranga allegedly threatened to murder the butcher, Cephas Zvidaro. “I died for the country (sic). I am prepared to kill you and facilitate your death in any form,” Mapuranga allegedly said to Zvidaro.

However, Mapuranga lodged complainants of over-detention against the police. He was arrested on Friday at 10am, released on Saturday and re-arrested in a bid to cover up the over-detention.

The investigating office,r Constable Nomatter Magura, failed to substantiate that Mapuranga was not over- detained.

Mr Mahwe refused to place him on remand and ordered the State to proceed by way of summons. In another case, an elderly man and his co-accused where called into the dock for damaging a vehicle while fighting at the Medical Chambers in Harare. Christopher Mashereni (75) and Brian Kwedeya pleaded guilty to the charges.

Explaining himself, Mashereni told the court that he was overpowered by Kwedeya because of his old age. “I was hurt after falling down, and I picked up a stone to fight back. I threw the stone, Kwedeya ducked, and it hit the rear windscreen of a nearby vehicle,” said Mashereni.

In mitigation, Mashereni said he wasa widower with five children who are abroad. “I survive on selling vegetables and I have $10 on my person,” he said. The pair was fined $20 for negligent behaviour with the option of five days in prison.

Furthermore, they were ordered to restitute $68 each towards the vehicle windscreen they broke. Another pair, Tapiwa Majoni and Tinashe Chari, were fined $20 for sharing a dagga joint.

Both pleaded guilty, had no relative in the gallery, no money on his person or savings.

Mr Mahwe gave him up to May 6 to pay the fine. The dagga was forfeited by the State for destruction.