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The defence wanted the court to go to Nyazura and inspect the bathroom which one of the State witnesses alleged to have slept in together with her family as she feared the legislator would set her house on fire.
Sophia Chibayambuya, who is MDC-T Women’s Assembly treasurer for Makoni South, had told the court in her evidence-in-chief that she slept in the bathroom together with her three children and three grandchildren after receiving threats from Muchauraya.
In his application, Mr Tonderai Bhatasara argued that he wanted the court to find out if the bathroom can accommodate seven people.
Magistrate Mr Tendai Mahwe dismissed the application on the basis that it was supposed to be made during or when the witness was still giving evidence not after she had finished.
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Muchauraya is facing two counts of threatening to kill Chibayambuya and Geoffrey Nyarota, his rival in the MDC-T primary elections.
In opposing the application, Prosecutor Mr Nyikadzino Machingura said, “What it basically means is that if the application is granted, the state has to call this witness again to make indications during the inspection-in-loco.”
The defence counsel cross-examined the witness on that aspect but never bothered to make that application.
“He wants to make it now after the witness has already been dismissed. In view of the State it is a way of delaying proceedings,” he said.
Mr Mahwe remanded the matter to April 30 for continuation of trial when Nyarota is expected to testify.
It is alleged that on February 25 around 1pm, Muchauraya called Chibayambuya and identified himself as “Honourable Member of Parliament Pishai”.
It is alleged that he questioned her about people who were distributing fliers denouncing him that he attributed to Nyarota.
Chibayambuya told him that she had no knowledge of that, resulting in Muchauraya ordering her to make inquiries.
During the conversation, it is alleged that Muchauraya became abusive and started insulting and threatening Chibayambuya saying that he was capable of killing people.
On February 28, it is alleged Muchauraya phoned Nyarota and threatened him with death.
The case was reported to the police leading to Muchauraya’s arrest.
Online Reporter