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Court Correspondent
Chitungwiza Mayor Phillip Mutoti, who was facing charges of harassing and assaulting his wife Alice Kuvheya (31) after accusing her of stealing his $50, was acquitted last week owing to lack of evidence. Mutoti (44) of St Mary’s in Chitungwiza denied the charges before Chitungwiza magistrate Ms Rekina Dzikiti.

In handing down judgment, Mrs Dzikiti said, “There were three dates mentioned during trial and the complainant (Kuvheya) did not deny that. She said the assault took place on March 12 and reported it the following day. “She was examined on July 24 and the medical doctor who examined her told the court that she sustained soft tissue injuries, which by the time would have healed.”

Mrs Dzikiti further said if Kuvheya had been assaulted in March, medical documentation tallying with the dates should have been produced in court. Instead, she only reported the matter in July after Mutoti allegedly continued to assault and threaten her.

“I am not a medical doctor per se, but if someone gets assaulted they cannot be swelling for four months,” she said. “I am satisfied that there is no evidence produced in court to convict the accused. He is accordingly found not guilty and acquitted.”

Mrs Dzikiti said the case which was supposed to be before her was the one when Mutoti was alleged to have pushed and threatened his wife in July when she reported the matter. This was after Kuvheya, during trial, told the court that she was assaulted on March 14, but on the court papers it was said the incident took place on March 12.

During cross examination by Mutoti’s lawyer Mr Fred Machokoto of Machokoto and partners, Kuvheya failed to tell the court why it took her so long to be examined. Mr Machokoto requested the presence of Kuvheya’s doctor Ngoni Godfrey Mwakuweni to comment on her medical affidavit after conflicting dates were mentioned in court.

Allegations were that on March 14 this year Mutoti had a misunderstanding with Kuvheya over $50 and he assaulted her.

Mrs Ntombikayise Nleya prosecuted.