property.
It is alleged that Muzondiwa Chiwaura (41) was among people who attended the rally which was being addressed by the party’s secretary general Mr Tendai Biti.
Chiwaura saw Tsaurai Mutandwa standing by his vehicle, a Mercedes Benz, listening to Biti’s message and suddenly picked a stone and threw it towards Mutandwa smashing his windscreen, it is alleged.
Mutandwa appeared before Ms Blessing Murwisi who remanded him in custody.
The State led by Ms Shambadzeni Fungura opposed bail on the basis that he misled the court after he told the court that he did not have a passport yet he had earlier confirmed that he was a cross border trader.
Chiwaura yesterday appeared in court for his trial and made an application through his lawyers Mr Musindo Hungwe, Kudzai Kadzere and Marufu Mandevere of Kadzere, Hungwe and Mandevere legal practitioners for the magistrate to recuse herself from the case.
He accused the magistrate of being biased especially in the manner in which she dismissed his bail application.
The State would respond to the application today.
In his defence Chiwaura denied the charges and accused Mutandwa of being a ‘nuisance’ who disturbed their meeting.
“During the rally and around the time that Mr Biti was addressing the gathering, the accused observed the arrival of the complainant. The complainant then started being a nuisance by causing noise and skidding his vehicle on top of the electrical cables that were connected to the PA system that was being used to address the rally,” read part of the defence outline.
Chiwaura added that he only saw several people surrounding Mutandwa’s vehicle before he drove away.
It is the State’s case that on March 3 around 4pm, Mutandwa parked his vehicle at Old Tafara shopping centre and got out of the vehicle.
He stood by his vehicle while listening to Biti’s address.
It is alleged Chiwaura came out of the mob and threw a stone towards Mutandwa and smashed his windscreen.



