ESIGODINI resident magistrate Tawanda Muchemwa has been
acquitted of assaulting and kidnapping his maid.
Muchemwa, through his lawyer Mr Tanaka Muganyi of Tanaka
Law Chambers, had denied the charges and applied for a discharge at the close
of State case on Tuesday.
Harare regional magistrate Mrs Lucie-Anne Mungwari, sitting
at the Tredgold Magistrates’ court in Bulawayo, yesterday dismissed the case on
the grounds that State witnesses gave inconsistent statements about what
transpired.
“The State called evidence of the witnesses and the
information they gave was to be considered in making the final ruling.
“There was no evidence to prove the assault from the
analysis of the statements and what was said in court.
“Referring to what the complainant gave to the court, she
mentioned that she was assaulted for an hour and sustained bruises but the
doctor did not indicate that on the medical report.
“This shows the court that she is untruthful. She
completely changed the whole story during cross examination.
“Complainant said she was locked in the house, yet the
police found her doing her chores in the form of laundry outside the house she
had claimed she was locked in. This has left the court wondering if ever she
was locked inside.
“This has also made the kidnapping allegations to remain
without substance as at first the investigating officer said they had not
recorded the charge.
“If ever she was kidnapped how would she be free to go and
buy airtime as one witness told the court that there is a time she called the
complainant who told her that she was at the shops buying airtime.
“Therefore the application for a discharge at the close of
the State case is granted,” said the magistrate.
Muchemwa (35) of Hillcrest suburb in Bulawayo was said to
have assaulted his maid, Ms Shaymore Musendekwa (20), at the instigation of his
wife.
His application for
discharge was based on what he termed “inconsistencies in the State witnesses’
testimonies.
“One wonders how
three people would come up with three different versions of the same incident.
It is strange that there can be three truths of the same incident, in fact that
is impossible,” said Muchemwa through Mr Muganyi.
Prosecuting, Mr
Thobekani Nyathi said on May 8 last year at around 4.20PM, Ms Musendekwa intended
to bathe Muchemwa’s children and when they refused to comply, she told their
mother, Mrs Petronella Muchemwa.
He said instead of rebuking her defiant children, Mrs
Muchemwa accused the maid of troubling her children before she reported the
complainant to her husband through a phone call.
Mr Nyathi said the
accused person arrived home shortly after 5PM and allegedly indiscriminately
assaulted the complainant with a belt several times all over the body.
Three days later, he said, the accused person allegedly
ordered the victim to lock the gate to the house before she handed over the
keys to him.
The complainant phoned her aunt, Ms Primrose Gwese, who in
turn reported the matter to the police leading to Muchemwa’s arrest. Chronicle
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