adminsinging the song Nyatsoteerera, which showers praises on President Mugabe, has a case to answer, the court ruled yesterday.
Mare had sought acquittal at the close of the State case on the basis of lack of sufficient evidence to warrant conviction. However, Chiredzi resident magistrate Mr Thomas Mandityira threw out the defence application.
LEGISLATORS AND THE LAW
Mr Mandityira accepted the State’s argument that there was a prima facie case against Mare and ruled that the legislator has a case to answer.
He ruled that Mare be put on his defence. Mare had applied for discharge arguing that all the four witnesses who testified against him had failed to prove that he assaulted the boy.
However, prosecutor Mr Poem Mandivavarira successfully argued that there was reasonable evidence that Mare committed the offence and was supposed to be put on his defence. Mr Mandityira remanded him to July 19 for continuation of his trial. Mare is out of custody.
Charges against Mare arose some time in January this year, when the legislator attended the funeral of an MDC-T party supporter’s child in Tshovani Township, Chiredzi.
While at the funeral, a 17-year-old girl started singing the song Nyatsoteerera by Mbare Chimurenga Choir and was joined by Tsunguru, and a child of the bereaved family.
Mare allegedly stood up and approached the boy from behind and heavily slapped him on the neck resulting in him sustaining injuries on one of his ears. A report was made to police leading to Mare’s arrest.
Online Reporter