By Lovemore Meya
Musician Tererai Mugwadi’s application for discharge was yesterday dismissed by a Chitungwiza magistrate who ruled that the musician has a case to answer. Mugwadi (32) of Mt Hampden near Harare is facing a charge of culpable homicide.
She allegedly drove her car while drunk leading to an accident that killed one person on the spot. In his ruling, the magistrate Mr Oliver Mudzongachiso said Mugwadi’s defence was very weak.
“It is way harder that the accused is trying to escape from the offence, which led to the death of one Seremani Marvellous. This clearly shows that the accused does not have a defence to offer, therefore must be put to defence,” ruled Mr Mudzongachiso.
Mugwadi who denied the charges was remanded to September 22. In her application through her lawyer Mr Edson Matsanura of Mugwadi and Associates law firm she argued the State case lacked merit that warrants a conviction.
“In these circumstances nothing was reasonable. All the State witnesses save for the last one (a police officer) told the court that in the circumstances they cannot blame the accused.
“They agreed that the accused’s version of the incident is equally believable. They told the court that they do not have any evidence to link the accused to the death of the deceased,” Mr Matsanura said.
Allegations are that on June 23 this year at around 8.40pm, Mugwadi was driving a Toyota Rav 4 along Seke Road under the influence of alcohol.
She failed to control it, swerved and encroached onto the opposing lane with oncoming traffic and hit a Toyota Hiace truck which overturned and killed Seremani Marvellous, a passenger.
Mrs Itai Chikono prosecuted. The Herald