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Yeukai Karengezeka Court Correspondent
EFFORTS by Mighty Warriors head coach Shadreck Mlauzi to escape prosecution on two counts of indecent assault failed yesterday after Harare Magistrate Ms Yeukai Dzuda dismissed his objection to being placed on remand on the grounds that the alleged assaults took place in South Africa.
Mlauzi, through his lawyer, Mr Kossam Ncube, had opposed the State’s application to place him on remand pending trial arguing that Ms Dzuda did not have jurisdiction to preside over something that allegedly occurred in South Africa.
In her response yesterday, the magistrate said Mlauzi was facing charges of assault and indecent assault. A plea of jurisdiction was raised in regards to the charge of indecent assault since the alleged offence was reported to have been committed in South Africa and thus had no effect to Zimbabwe.
“The court is called upon to determine whether the harmful effects of the alleged crime were felt in Zimbabwe,” said Ms Dzuda.
She noted that the woman making the complaint was a fitness trainer and Mlauzi was the Mighty Warriors coach.
“The victim was representing the national interests of Zimbabwe in South Africa. It follows that the harmful effects of the alleged crime were felt by Zimbabwe. Accused’s plea of jurisdiction is dismissed.”
Mlauzi was yesterday placed on remand and is expected to return to court on October 27 for trial.
He was granted US$300 bail.
Mlauzi allegedly molested the female member of the technical team in Zimbabwe and in South Africa on different occasions.
The State will seek to prove that on September 26, Mlauzi and the Mighty Warriors team were camping at Pandhari Lodge in Glen Lorne ahead of the Cosafa Women Championships, which were concluded in South Africa on Sunday. The complainant asked for the training programme but Mlauzi allegedly told her to collect it from his room. Later that day, she went to the room to collect the programme and Mlauzi allegedly told her he would email it to her.
He allegedly asked the complainant to kiss him on his lips. Mlauzi allegedly grabbed the complainant’s shoulders and pulled her towards him in an attempt to kiss her without her consent, but she refused. This was the basis of the assault charge.
On the second count, the State alleged that on October 4, Mlauzi and the complainant were in South Africa at Garden Court Hotel with the rest of the team members. On handing the hotel room keys to the complainant, Mlauzi allegedly instructed her to report to his room and massage him.
The next day, while at a training session, the complainant told Mlauzi they did not have resistance bands for training and he allegedly told her to collect money from his room. She went to collect the money, but when he handed over the US$20, Mlauzi allegedly grabbed the complainant improperly and she turned down his advances and went away.
The next day, Mlauzi allegedly started harassing the complainant after the match and that prompted her to register her complaint to the Cosafa safeguarding officer who later counselled her. This gave rise to the charge of indecent assault.
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