adminMabika and the party’s provincial chairman, Cde Mike Madiro, were on Monday acquitted of stealing 10 cattle, but Mabika is not completely off the hook because of two other pending cases. She is set to face trial on allegations of stealing six cattle and another one of defeating the course of justice.
Mabika’s trial on the remaining two charges was set to resume today with the woman being put to her defence, but her lawyer, Mr Tinofara Hove of TK Hove and Partners, filed an application to stop the trial pending review of the magistrate’s decision. She is seeking an interdict barring the magistrate and the Attorney-General from continuing with the trial.
The six dairy bulls, forming the subject of the matter, were donated to the party by a local farmer. In dismissing the application for Mabika’s discharge at the close of the State case, the court said the State had a strong case against the accused and, as such, she must explain.
She argues that if the trial continues, her review application would simply be rendered academic. In the review application, Mabika argues that the magistrate erred in not considering Presidential Affairs Minister Didymus Mutasa’s concession that he knew of the death of the dairy calves. The court failed to appreciate the concession by the State witness, Cde Didymus Mutasa, that he knew that six dairy calves had died,” she argues.
“This concession by the State witness was made during cross-examination and repeated in re-examination of that witness. The concession by Cde Mutasa that “when two bulls fight, it is the grass that suffers’’ confirmed that there were political undercurrents.
“Cde Mutasa admitted that he had made sexual advances to applicant (Mabika). He clearly admitted saying ‘Mbizi ne nyati zvinofura pamwechete. Kana mbizi ikaramba inotungwa nenyati. Inoburitswa mudanga’.”
The matter is yet to be set down for hearing at the High Court.
Online Reporter