Rejecting an application for discharge at the end of the State
case, Mrs Mashavakure ruled that there were certain areas that Nation Musekiwa
needed to explain that arose after Justice Muchawa and other State witnesses
testified in court. So he has been ordered to return to court on Friday for his
defence.
Through his lawyer Mr Dumisani Mthombeni, Musekiwa had
argued that the State had failed to prove a prima facie case from the evidence
adduced by State witnesses. A prima facie case is one that is good enough to
convict unless the defence can show that it is based on incorrect facts or
wrongly drawn conclusions, hence where this obtains, the defence needs to
question State facts and conclusions.
He had also argued that the State had failed to prove that
he intended to shoot at the judge on the day in question.
The State led by Mr Anesu Chirenje had opposed the
application, saying Musekiwa’s conduct was wrong by discharging the firearm.
“The accused does not dispute the fact that his conduct was
wrong but he is very apologetic and justifies his actions that he acted with
the suspicion that the couple might be robbers.
“The accused person does not dispute the fact that the
complainant was not aware of his intentions neither was he aware of their
intentions, hence as a reasonable driver he should have just drove away.
“The accused person does not even dispute following the
complainant when she had sped-off for a distance, fully knowing that his
actions and conduct amounts to inducement of fear.
“The accused does not dispute that his actions would result
to mental torture and mental harm,” he said.
The State had argued that Musekiwa should explain his
conduct considering that he does not dispute that the drivers neither attacked
him or threatened to attack him.
“They were just driving to their residence; there was no
need to pursue them and discharging a pellet gun.
“The accused person both in his defence and cross
examination is just apologising to the complainant and an apology is an
admission of guilt and improper conduct that amounts to nuisance.
“Therefore, the court cannot acquit the accused person at
this stage,” he said.
Allegations against Musekiwa are that on January 31 at
around 7.15pm, Justice Muchawa and her husband, Pascal Ngwarai Machawa, were
driving home along Old Mazowe Road.
When they reached Tom Farm, they saw Musekiwa driving his
Honda Civic in front of them and they trailed him until turning into Goodhope
Road.
It is alleged that Musekiwa went to park his car in front
of Justice Machawa’s main gate prompting the couple to stop their vehicle.
Musekiwa is alleged to have fired a shot into the air so
Justice Machawa and her husband, now really worried, drove to the home of
another near neighbour, Justice Energy Bhanu, where there were security
officers.
Constables Kambamura and Chidaushe, who were on duty,
opened the gate after hearing the hoot at the gate.
The couple narrated what had transpired to the police
officers who went to the scene where they recovered a 9mm blank cartridge.
On the following day, Musekiwa went to Harare Central
Police Station where he told the police that he was the one who had fired the
shot on the previous night.
Investigations led to the recovery of a pellet gun that was
taken to CID Ballistics for forensic examination. Herald
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