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Senior Court Reporter
THE matter in which CCC spokesperson Fadzayi Mahere wants national police spokesperson Assistant Commissioner Paul Nyathi to testify in her corner, as she fights charges of communicating falsehoods after tweeting that a police officer killed a nine-months old baby with a baton, was last week deferred to March 1.
Harare regional magistrate Mr Taurai Manwere postponed the matter because Mahere’s lawyer Mr David Drury was not available due to other commitments.
Mahere had requested the Clerk of Court to subpoena Asst Comm Nyathi to appear, as she intended to tender in court through him, a statement issued by police in relation to the incident to cement her defence case.
Any document tendered into a court record has to be done through the author of the document, who can testify that they originated the document.
Mahere had requested that Asst Comm Nyathi be subpoenaed to appear in court last Friday.
She was placed on her defence to explain herself on the motive of the tweet and why she had tweeted without verifying whether the child had died or not.
The CCC spokesperson admitted to tweeting when she took to the witness stand to give her explanation.
“I confirm that I tweeted what I heard in the video,” she said.
“There are two tweets. When I tweeted this, I had seen a video which depicts a woman holding a lifeless baby.
“The woman was grabbing a police officer by the collar. The police officer is seen holding a baton and everyone is heard saying in that video ‘auraya mwana’ (the police officer has killed a baby),” she said.
Asked whether she had confirmed the death of the child or not before tweeting, Mahere said: “From the evidence led in court the mother believed the baby had died and also everybody around, including witnesses, said the police officer had killed the baby whom he hit on the head.
“The investigating officer also confirms that there were several articles saying the baby was beaten up. I had no way I could know that the baby had indeed died.”
Mahere said the police statement described the conduct of the police on the day in question as “errant behaviour”, and it was this statement that she wanted entered in full into the court record as part of her defence.
Mrs Sheilah Mupindu and Mrs Netsai Mushayabasa are appearing for the State.
Online Reporter