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Fungai Lupande : Senior Reporter
THE trial of former MDC-T MP for Mabvuku Timothy Mubhawu failed to take off yesterday after his lawyer and prosecution exchanged harsh words after it emerged that the State’s house was not in order. Mubhawu (55) is facing charges of breaching a protection order. The prosecutor Mr Crispen Chikafu, indicated that he was ready for trial, but there was an outstanding statement from one of his witnesses which he wanted to have recorded.“This witness is the person who accommodated the complainant on the day she was chased,” he said.
“I understand that the Constitution is clear that the accused must be served with all documents to allow him to prepare his defence. Is the defence counsel amenable to have the matter postponed so that the outstanding statement can be recorded.”
In response Mubhawu’s lawyer Mr Tungamirai Chakurira, said the State’s conduct was unprofessional.
“State is not supposed to delve in investigations, what they are asking for is furthering investigations,” said Mr Chakurira.
“By all measure this is wrong. Also, the charge sheet we were given to prepare our defence is different from the one we saw in court today.
“This is unethical of my colleague. I was prepared to excerpt to the charges.”
The defence counsel was served with correct State papers before Harare magistrate Mr Vakayi Chikwekwe postponed trial to August 17.
It is alleged that on May 24 this year, Mubhawu’s wife Molleen Elizabeth applied for a protection order.
After two days, Mubhawu was served to attend court on June 21.
On June 6, Molleen allegedly returned to the Civil Court and was given another court date, August 1.
The court heard that on July 11, Molleen went to Rhodesville Police Station and reported that Mubhawu had chased her from their matrimonial home.
She is now staying with relatives. On the same day, Mubhawu escorted their housemaid Mupangai Tsamwa Chamapiwa to report an assault charge against Molleen.
Mubhawu was given protection order papers to sign, but he refused.
Online Reporter