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Court Reporter
Former Harare East legislator and veteran boxing promoter Stalin Mau Mau’s application for bail pending appeal of the 175 hours of community service and a fine of US$300 for driving without a licence, has been dismissed.Mau Mau (59) pleaded guilty to two counts of driving without a licence and negligent driving after he turned right in front of an oncoming cyclist, causing the cyclist to hit the back of his car and losing two teeth in the process.
Mau Mau was fined US$300 to be paid by October 31 or an option of three months in prison. Magistrate Mr Blessing Murwisi also slapped Mau Mau with six months in prison and one month was set aside for five years.
The remaining five months were converted to 175 hours of community service. Ms Murwisi dismissed Mau Mau’s application indicating that his appeal had no prospects of success and that he was convicted at his own plea.
In his notice of appeal, Mau Mau wanted his conviction of both counts set aside and the matter heard before a different magistrate.
Mau Mau told the court that the presiding magistrate erred in convicting him on both counts yet the record does not indicate that the essential elements of both offences were dealt with.
He also said the sentence was excessive considering that he was an elderly first offender. In his appeal, Mau Mau argues that the magistrate was supposed to fine him instead of sentencing him to perform community service considering his age since it would be strenuous on his health.
Ms Murwisi told Mau Mau that he should have raised his age and health concerns during mitigation. The magistrate also said Mau Mau admitted to committing the two offences on his own and any court would have imposed a similar sentence under the circumstances.
Barbra Ndoro prosecuted.
Online Reporter