BULAWAYO Deputy Mayor Councillor Tinashe Kambarami and Ward
Four Councillor Silas Chigora who were jointly accused of assaulting the Town
Clerk, Mr Christopher Dube, were yesterday discharged at the close of the State
case.
Clrs Kambarami and Chigora were alleged to have assaulted
Mr Dube while serving him with a letter of suspension last month. They both
pleaded not guilty to the charges, arguing that they were fabricated.
Bulawayo magistrate, Mr Tinashe Tashaya, acquitted the two
councillors of assault charges following an application for discharge by their
lawyer Mr Maqhawe Mpofu of Samp Mlaudzi and Partners.
Mr Tashaya said the complainant’s testimony could not be
relied upon as it was not credible and truthful.
“In his evidence, the complainant narrated to the court how
he was assaulted and the accused persons denied the charge, saying they only
served him with a suspension letter. It is clear and not disputed that the
evidence by the two State witnesses was damaging to the State case as they
contradicted the complainant’s version. Clearly, their testimonies did not
corroborate with the evidence of the complainant, which in itself was not
credible and reliable,” he said.
The magistrate said the State failed to prove a prima facie
case against Kambarami and Chigora.
“In light of the above, the State has failed to prove a
prima facie case against the accused persons and I hereby retain a verdict of
not guilty and accordingly, they are acquitted,” ruled Mr Tashaya.
In his testimony, Mr Dube alleged Clr Kambarami and Clr
Chigora stormed into his office “movie-style,” slapped, punched and kicked him.
He said a senior security officer, Mr Tobias Dube and
Makhosi Tshalebwa came to his rescue before Clrs Kambarami and Chigora sought
reinforcements from fellow councillors.
In cross-examining Mr Dube, Mr Mpofu challenged the
authenticity of his testimony, arguing that it differed from an account given
by Messrs Tobias Dube and Tshalebwa in their statements.
Mr Mpofu also challenged the inconsistencies between the
statement the complainant gave to the police and his evidence in court.
Prosecuting, Mr Leonard Chile said on July 11 at around
2.30PM, the accused persons went to Mr Dube’s office at the City Hall with
intentions of giving him a suspension letter.
“The two councillors were in the company of other
councillors namely Felix Maka, Clayton Zana, Tawanda Ruzive, Pilate Moyo,
Lillian Mlilo, Batirayi Dube and Jabangwe.
As they handed over the suspension letter to the Town
Clerk, an argument broke out between them as the Town Clerk refused to abide by
the suspension letter,” Mr Chile said.
The court heard that the argument resulted in Clr Kambarami
and Clr Chigora teaming up and assaulting Mr Dube all over the body.
The other councillors who were present assisted in shoving
the complainant out of office.
The prosecutor said the complainant sustained injuries due
to the assault and was referred to hospital where a medical report was
compiled. Chronicle
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