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Senior Court Reporter
HIGH Court judge justice Emilia Muchawa yesterday told the court that the shooting incident that occurred near her house left her and family extremely shaken when the trial opened at the Harare Magistrates Court.
Justice Muchawa said she and her family could hardly sleep on the night in question and only managed to wake up in the morning and go to work because she needs a job to make a living.
She was testifying in a matter where Nation Musekiwa is accused of firing a shot while parked at justice Muchawa’s house.
Musekiwa, who is represented by lawyer Mr Dumisani Mtombeni, is charged with criminal nuisance and alternatively assault.
He denied the charges.
“We were not sure of what to do after the shooting.
“I was shaken,” she said.
Justice Muchawa told the court that Musekiwa pursued her after she had reversed her car and drove to safety.
She said Musekiwa went to park a few metres away from justice Bhunu’s house where she had sought refuge.
“I managed to reverse and face where we had come from.
“Surprisingly, this person also turned and pursued us.
“We then decided to go to justice Bhunu’s house where there were police details.
“We realised that he was pursuing relentlessly trying to catch up.
“When we got to justice Bhunu’s house, we hooted until they opened.
“We noticed that the person pursuing us was parked a few metres from us,” she said.
Justice Muchawa said a ‘contingent of police’ later came and escorted them to her place of residence after Justice Bhunu had notified officials from the Judicial Services Commission about the shooting incident.
“Thereafter, Justice Bhunu got in touch with JSC people who got in touch with police.
“A huge contingent of police came and escorted us home.
“They searched and recovered a cartridge from the place.
“As a family we were shaken and we couldn’t believe what to do,” she said.
Justice Muchawa told the court that Musekiwa texted her the following morning and introduced himself as the person who had fired the shot the previous night.
She said that she ordered him to inform the police.
“The following day when I came to work, I surprisingly got a call from the accused and he introduced himself and said he was the one who had fired the shot.
“On the message he said he got my number from a neighbourhood WhatsApp group,” she said.
Justice Muchawa said there was need for self-control when one has a gun since we are now living in “unusual times.”
In denying the charges, Musekiwa told the court that he is a businessman, who is extremely sensitive about his security having been previously robbed on October 4, 2021.
He denied harbouring any criminal intention to assault justice Muchawa or cause any bodily harm.
“He fired a warning shot in the air with his pellet gun solely for the purpose of scaring off what he thought were potential armed robbers he mistakenly thought were trailing him with intention to rob him.
“The pellet gun does not fire out anything but merely produces sound only,” he said.
Musekiwa told the court that he was the one driving in front of justice Muchawa, not that he was trailing her car.
He told the court that after learning that it was the High Court judge whom he had mistaken for potential robbers, he went to apologise to her.
“He apologised and offered to surrender himself to the police.
” He sent her his personal details via a text message on her phone and that is when he advised her that he was already in town by his work place and would proceed to hand himself over to the police and clear the air.
“Shortly thereafter he was contacted by police officers and subsequently handed himself to the CID Homicide detectives,” he said.
Musekiwa said as soon as he fired the warning shot into the air, justice Muchawa made a U-turn and and he decided to give chase whilst sounding his horn trying to get the attention of other residents.
“He continued to follow them with the intention of getting a licence plate number but stopped when he saw the motor vehicle entering another residence.
“It boggled his mind why a fellow resident would open the gate for the complainant’s car if they were indeed armed robbers.
“In that moment he realised that this had been a terrible misunderstanding of the complainant’s intentions and a terrible coincidence.
“As soon as he got home, he checked their community whatsapp group and immediately saw a voice note that was alerting other residences that the complainant had been fired at and that there was an alleged gunman on the loose.
“The accused will submit that he discharged the pallet gun out of self-defence, fearing that he was being followed and could be harmed and lose his car and property.
“In any event the circumstances warranted such discharge,” he said.
The matter continues today.
Magistrate Mrs Evelyn Mashavakure presided while Mr Anesu Chirenje prosecuted.
Online Reporter