Musakwa acquitted

Musakwa acquitted Elias Musakwa (second left) arrives at the Harare Magistrates’ Court in the company of his lawyers yesterday. — Picture by Lee Maidza.

Fungai Lupande Court Reporter
Gospel musician-cum-politician Elias Musakwa (48) was last Friday acquitted on allegations of threatening to shoot his neighbour after being reported to the police for making noise. The prosecutor Mr Nyikadzino Machingura only led evidence from one witness, the complainant Kennedy Mudukuti. In her ruling, magistrate Ms Barbara Mteko said the singular witness did not help the State case or help the court determine whether or not there was bad blood.

“The case was removed on remand because of the complainant,” said Ms Mteko. “What is surprising is that State did not take that opportunity to record witness’ statement and put their house in order.

“State summoned the accused when they were not ready.”

Musakwa was represented by his lawyer Ms Purity Chikangaise.

Musakwa pleaded not guilty and said there was bad blood between Mudukuti and him.

He added that functions at his house were cleared by the police and Mudukuti and his father disturbed the functions more than five times. Musakwa resides at No. 5 Fairmile Close, Ruwa while Mudukuti stays with his parents at No.12 in the same road.

In his testimony, Mudukuti said Musakwa hosted weddings at his house.

He said after the fracas, Musakwa called him to apologise, but he was already at the police station.

“I took the threats seriously and I was finding it difficult to sleep,” said Mudukuti.

Mr Machingura alleged that sometime in September last year, Mudukuti went to the police to report Musakwa for making a lot of noise.

It is alleged that the police visited Musakwa and warned him against criminal nuisance.

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