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jeorpadise his case.
Phillip Dendere (47) and George Nyahuye (36) are charged with assaulting Dr Kereke’s driver Privilege Maturure.
Maturure, who has engaged a lawyer to watch in brief the proceedings, wrote a letter to the State advising of his move.
In the letter, the lawyers Gasa, Nyamadzawo and Associates said they had been advised by their client that he fell victim to a bogus doctor when he went for treatment.
“Our client believes that the person (male nurse Jacob Chiweshe (35)) was planted to jeopardise evidence in the case,” they submitted.
Chiweshe has since been convicted of forgery after pleading guilty to the charges.
Dendere and Nyahuye applied for discharge before Harare provincial magistrate Mr Kudakwashe Jarabini.
Advocate Linos Mazonde, who is representing them, argued that the State failed to prove a prima-facie case against his clients and should be acquitted.
He argued that no other witness corroborated claims by the driver that he was assaulted as the other witnesses only talked about shoving and pushing.
Adv Mazonde said the evidence presented was manifestly unreliable for any court to act on.
He said it was not in dispute that there was an impasse between RBZ and Maturure.
This was over a vehicle allocated to Dr Kereke by the central bank which he did not return when he vacated the post.
“There is no evidence to sustain the charge as framed,” said Adv Mazonde.
“It is clear that it will be injudicious for them to be put on their defence to bolster the State case which cannot stand on its own.”
Prosecutor Mr Liberty Gono opposed the application arguing that the pair has a case to answer, hence they should be placed on their defence.
He said Rock Foundation Medical Centre was a private institution.
The pair knowing the acrimony that existed between Reserve Bank Governor Dr Gideon Gono and his former advisor Dr Kereke — ought to have intended to use violence.
But Adv Mazonde said Maturure’s evidence should be thrown out.
This was because he had brought a forged medical affidavit just to convince the court to convict his clients.
Mr Jarabini will rule on the application for discharge tomorrow.
Online Reporter