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Fungai Lupande Senior Court Reporter
Gospel musician-cum-politician Elias Musakwa is seeking discharge on allegations of threatening to shoot his neighbour after being reported to the police for making noise.
Prosecuting the matter on Wednesday, Mr Nyikadzino Machingura led evidence from one witness, the complainant Kennedy Mudukuti.
There were no recorded statements from other witnesses who saw the confrontation. Although Mr Machingura applied to have the witnesses called for the sake of justice, Musakwa’s lawyer Ms Purity Chikangaise objected.
Ms Chikangaise argued that according to the Section 232 of the Criminal Procedure and Evidence Act, it is unprocedural to call witnesses without their statements.
“According to the Act, that application can only be made after the defence case,” she said.
The State had no choice except to close its case. Ms Chikangaise will submit her application for discharge at the close of State’s case and Mr Machingura will respond on September 6.
The presiding magistrate Ms Barbara Mteko will pass judgment on September 15. Musakwa (48) pleaded not guilty and said there was bad blood between Mudukuti and him.
He added that functions at his house were cleared by the police and Mudukuti and his father disturbed the functions more than five times. Musakwa lives at No.5 Fairmile Close, Ruwa, while Mudukuti stays with his parents at No.12 on the same road.
Online Reporter