By Tarisai Machakaire
Gospel musician Elias Musakwa yesterday fumed after his neighbour, who had dragged him to court after he threatened to shoot him, failed to testify for the third time.
The neighbour — 28-year-old Kennedy Mudukuti of Ruwa — proffered proof that he was too ill to testify.
He produced a letter from his doctor confirming that he was supposed to be resting for the next five days.
Prosecutor, Nyikadzino Machingura, sought a postponement.
Musakwa, who is charged with contravening Section 186 of the Criminal Law (Codification and Reform) Act, was not pleased.
His lawyer, Victuals Mapepa, argued: “When we came to court for the previous two sessions, the State was ready to go to trial but complainant miraculously fell sick. The State is not serious to prosecute and we suspect that they are probably delaying to manufacture information against our client which may prove very detrimental.”
“The issue before the court is about spectacles and it is unacceptable to postpone because the complainant will give evidence with his mouth not eyes.”
“This is not a remand court and we intend to apply for further remand refusal and the application will be filed before close of business today (yesterday),” Mapepa said.
The State’s response will be filed on November 18 before ruling on the 29th of the same month.
It was alleged that sometime in September this year, Mudukuti filed a complaint against Musakwa at Ruwa Police Station.
He alleged that Musakwa was polluting their neighbourhood with noise by playing loud music at his house during functions.
Police officers from Ruwa proceeded to Musakwa’s residence and cautioned the losing Zanu PF candidate for criminal nuisance.
This did not go down well with Musakwa, who allegedly confronted the complainant later about the issue.
It was alleged that on October 19, the Wanga Murena hit maker saw Mudukuti by his gate.
The court heard that Musakwa confronted Mudukuti and threatened to shoot him if he continued to take their matters to the police.
Musakwa reportedly warned Mudukuti that he and his family would be in “serious trouble” if they interfered with functions that he frequently holds at his residence.
Mudukuti said the threats caused him discomfort and he subsequently notified the police about the issue.
Musakwa was then arrested. Daily News
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