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Fungai Lupande Court Reporter
The trial of two touts accused of stripping a woman at Simon Vengai Muzenda Street (formerly Fourth Street) bus terminus paused yesterday following a legal argument on how a leaked video should be viewed in court. The video was taken while the woman was being tormented and it went viral on social media networks.

The stalemate came after prosecutor Ms Kudzayi Chigwedere told the court that she wanted investigating officer Assistant Inspector Lizzie Sambayi to take the court through the video and explain how she linked the accused.

“The video is material to this case and the investigating officer used it in investigations,” she said. “We want this witness to take us through the video and indicate how she linked the accused to the offence.”

But Mr Nathaniel Chigoro, who is representing one of the accused Marvellous Kandemiri (32), objected to have Asst Insp Sambaya take the court through the video on the basis that she was not the originator of the video.

“She was not the one taking the video and she was not present when the offence was committed,” he said.

“The court can have sight of the video and this witness can testify afterwards.

“If she takes us through the video we will have a lot of questions to ask her like the quality of camera, position of the person shooting the video, if it was a mobile phone, what type was it? et cetera.”

Harare magistrate Ms Rekina Dzikiti postponed the matter to Monday to give her time to seek clarity and research on the law governing the playing of videos in court.

Kandemiri and Blessing Chinodakufa (31) pleaded not guilty to indecent assault charges.

Ms Chigwedere alleged that the pair and their accomplices still at large stripped the woman when she arrived at the terminus on December 17 last year.

She was on her way to Ruwa and although she made efforts to cover herself, the accused persons prevented her from doing so as they continued pulling her dress up to her waist and lowering her panties with the intention of removing the undergarment.

The court also heard that although the woman managed to escape after getting into a parked commuter omnibus, the accused pulled her out before closing the door.

They pulled her out of another vehicle and she fell to the ground during the tussle.

The woman managed to flee into another commuter omnibus where the driver and the conductor asked her to pay $2 so that they could take her away from the scene.