Mangoma case: MDC-T activists seek discharge

Court Reporter
nine MDC-T members accused of assaulting the party’s suspended deputy treasurer-general, Mr Elton Mangoma, at the party’s headquarters notified the court yesterday that they will apply for discharge. Prosecutor Ms Venencia Mtake closed the State’s case after calling four witnesses including Mr Mangoma. Francis Machimbidzofa (38), Enock Mukudu (31), Stefani Jahwi (36), Samson Nerwande (41), Rhino Mashaya, James Chidakwa, Denford Ndadziore (32), Shakespeare Mukoyi and Paul Gorekore (31) are facing assault charges.

The nine, who are represented by Mr Douglas Mwonzora, made the notice when they appeared before Mr Milton Serima.
Mr Mwonzora told the court that he had instructions to apply for discharge, arguing that the State had failed to prove a prima facie case against his clients.

He would submit written submissions today and the State would respond on Monday, while Mr Serima is expected to pass his ruling on the same day.
The last witness to testify was Pardon Maengahama, the party’s former secretary for youth for Glen View Ward 32, who implicated Machimbidzofa, Mukudu and Jahwi.

Maengahama told the court that he was about 10 metres away from the scene of the assault, but could clearly see the three assaulting Mr Mangoma.
He refused to comment on photos which were produced in court, arguing that they could have been tampered with and said he did not know the motive of the person who took the pictures.

At one point, Maengahama said Mr Mwonzora was not a registered lawyer and refused to answer his questions during cross-examination, but he apologised after he was shown his practising certificate.

It is alleged that the group waylaid Mr Mangoma outside Harvest House, the party’s headquarters at the corner of Nelson Mandela Avenue and Angwa Street.
They accused Mr Mangoma of wanting to topple party leader Mr Morgan Tsvangirai.

The State alleged that they punched and slapped Mr Mangoma all over his body as he tried to get into Mr Tsvangirai’s car.
Mangoma is said to have bled from the nose, his shirt was torn while his spectacles -worth US$300 – were damaged.

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