By Simbarashe Mtembo | Masvingo Mirror |
MASVINGO – Gutu Magistrate Mandlenkosi Ndlovu acquitted two CCC members charged with assaulting a prominent Zanu PF youth member after concluding that the case was a clear fabrication.
Delivering his ruling on Thursday, Magistrate Ndlovu said the evidence before him showed that the Zanu PF youth was the aggressor.
Tinotenda Makumbe (20) and his father Nhamo Makumbe (45) both of Mpandawana Growth Point in Gutu were accused of assaulting Deadly Poronario.
Ironically, it is the two brothers who first went to Police in November 2023 to report that they were assaulted by Zanu PF youth, but Gutu Police refused to open a docket.
A month later on December 6, 2023, when Police was pressured to arrest the Zanu PF suspects, Poronario rushed to make a report at Gutu Police alleging that it was he who was actually assaulted by the Makumbe brothers. Police immediately opened a docket and fast trekked it to the courts.
The Makumbes were represented by Martin Mureri of Matutu, Mureri Legal Practitioners.
Giving his ruling, Magistrate Ndlovu said Poronario was an unreliable witness and the case was fabricated. He said that there was no evidence to show that Poronario was assaulted. He said that if at all the evidence shows that Poronario was the aggressor.
Magistrate Ndlovu noted that Poronario said he was assaulted on November 11, 2022 but only reported his case at Gutu Police on December 6, 2022 when Police started investigating the alleged assault of the Makumbe duo and had the medical affidavit done exactly a month later on December 11.
He said the medical affidavit cannot be expected as evidence of the assault on November 11 because Poronario could have been assaulted anywhere else between November 11 and the time that he went to hospital on December 11, 2022.
The magistrate said on the day of the alleged incident, it was Poronario who actually went to where the Makumbes were sitting inside Michigan Bar at Mpandawana Growth Point and accused one of them of wearing a yellow short which is the party colour of CCC. He said Poronario was therefore the aggressor.
The State said on November 11, Tinotenda and Nhamo assaulted Poronario at Michigan Bar at Mpandawana Growth Point for allegedly wearing a Zanu-PF t-shirt.
The other Zanu PF witnesses to the case were Joseph Mudziwepasi and Josphat Samukore.
Thank you magistrate for exercising your professionalism. The conduct of the police and that of the medical team who prepared the medical certificate should be probed further.
Gutu zvakare
And what happens to those who fabricated the case…this is why I say in zim there is no justice…they walk away as if they didn’t do anything wrong…We have a big problem when people deliberatly use courts as a tool to thwart and punish opposition members without consequences…
Tumi Deon the Magistrate can’t charge them. Magistrates don’t investigate, arrest nor prosecute.