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Elias Musakwa

Tendai Rupapa: Senior Court Reporter

Gospel musician-cum-politician Elias Musakwa who allegedly threatened to shoot his neighbour after being reported to the police for making noise, was yesterday set free by a Harare magistrate.Musakwa through his lawyer Mr Victuals Mapepa of Zinyengere, Rupapa Legal Practitioners, successfully applied for refusal of further remand following the State’s foot-dragging in commencing trial. In his ruling magistrate Mr Arnold Maburo ruled that the State’s house was in a shambles.

“The prosecution is not serious in prosecuting this case because at every opportunity when trial had to start they threw spanners in order to disrupt and delay trial. The defence at one point had to seek intervention from the Area Public Prosecutor to order the prosecutor to avail himself in court to commence trial. It was the complainant who brought the matter to court and he is not serious in pursuing it, hence, I find no reason why the accused person should not be removed from remand,” he said.

Mr Maburo ordered the State to proceed by way of summons if need be. In his application Mr Mapepa submitted that by further remanding the case, the State was prejudicing his client — a businessman who travels out of the country more often. He said there were no cogent reasons given by the State to delay trial.

“The accused person is a businessman and travels outside the country often and it would be prejudicial to his business interests if he is kept on remand when clearly the State is avoiding trial,” he said.

Musakwa is facing charges of criminal nuisance.

It is alleged that sometime in September this year, Kennedy Mudukuti went to the police to report Musakwa for making a lot of noise and Musakwa became aware that the complaint against him was lodged by Mudukuti and this did not go down well with him.