adminChitungwiza magistrate Ms Rumbidzai Mugwagwa deferred the ruling after the defence failed to file its written submissions on the application for a discharge at the close of the State case on June 29.
Yesterday the defence lawyer Mr Vusani Bangidza did not come to court as he was reported to be attending his father’s funeral.
Mahendere (36), is jointly charged with his accomplices Washington Tapfumaneyi (27) of Unit G and Moses Chonse (26) of Unit N in Chitungwiza.
The three are out of custody on US$20 bail each.
Mahendere is facing two counts of assault and another for unlawfully pointing a gun at his victim Ignatius Nyika (30) of Unit N, Chitungwiza.
He allegedly used the butt of the gun to assault Nyika.
Charges against the three arose on May 13 this year in Unit G Extension when Chonse and Tapfumaneyi boarded Nyika’s kombi.
A misunderstanding with the conductor arose over the volume of the radio.
The two disembarked from the kombi together with the conductor.
They exchanged harsh words, prompting Nyika to disembark from the bus to restrain his conductor.
When Chonse and Tapfumaneyi saw Nyika coming, they thought he intended to fight them.
They pushed the conductor aside and charged towards him.
Tapfumaneyi reportedly held Nyika’s hands with Chonse punching him in the face.
Mahendere arrived at the scene armed with a pistol and allegedly withdrew it before pointing the weapon at Nyika’s chest. He then hit him with the gun’s butt three
times on the face, alleges the State.
The court also heard that after the assault, Mahendere dragged Nyika into the kombi and removed keys from the ignition before punching him in the face.
Online Reporter