State witness lives in fear after Muchauraya’s threat

said she was still living in fear following the threats by Muchauraya.
Chibayambuya revealed this while giving evidence in the trial in which Muchauraya is accused of threatening to kill her and his rival in the MDC-T primary elections, Geoffrey Nyarota.

Muchauraya (39) is being charged with two counts of threats to commit murder. It is alleged he also confessed to Chibayambuya that he killed the former MP for the area, John Nyamande, in 2009. Muchauraya denied the charges against him arguing that Nyarota wants to contest for the position which he is holding.

He further claimed that the charges were motivated by politics as Nyarota wanted to represent the party without competition, adding that Nyarota once attempted to persuade him not to contest for the seat.

In her testimony yesterday, Chibayambuya, who is the party’s treasurer for Women’s Assembly for Makoni South, told the court that she was still living in fear after receiving the call from Muchauraya.

“I could not sleep in my house that night fearing that he could come and set my house ablaze,” she said. “Together with my three children and three grandchildren we took our blankets and spent the night in the bathroom. Up to now I am engulfed in fear and if I die or if anything happens to me, the accused person would be answerable.”

Chibayambuya admitted in court that they used to communicate with Muchauraya on several occasions discussing party business, but that changed on the day the legislator threatened her.

During cross-examination by the defence lawyer Mr Tonderai Bhatasara of Mupanga, Bhatasara Attorneys, Chibayambuya confirmed that she was related to Nyarota. She also confirmed that the party’s district co-ordinator, Mr Godfrey Sanhanga, whom she reported the matter to before reporting to the police, was Nyarota’s campaign manager.

Asked by Mr Bhatasara why she opted to sleep in the bathroom instead of seeking refuge at her neigbour’s house, Chibayambuya said she thought the accused would follow her and set her neigbour’s house on fire.

Mr Bhatasara labelled Chibayambuya a liar after she contradicted herself in her statements.
She had told the court that she never spoke to Nyarota on the phone the day after she was allegedly threatened but Mr Bhatasara produced her (Chibayambuya) phone call history obtained from her service provider which revealed that Nyarota called her twice.

She then shifted goalposts and admitted to have received calls from Nyarota but argued that they were discussing family issues since they are related.
The trial started after the defence had unsuccessfully applied to strike out parts of the State outline arguing that the information in the State outline was not admissible and prejudicial to its client.

Mr Bhatasara also argued that the State outline did not comply with Section 188 of the Criminal Procedure and Evidence Act in that it contained evidence instead of facts.
Magistrate Mr Tendai Mahwe dismissed the application saying it was designed to delay proceedings.
Prosecutor Mr Nyikadzino Machingura had opposed the application for lack of merit.

It is alleged that on February 25 around 1pm, Muchauraya called Chibayambuya and identified himself as “Honourable Member of Parliament Pishai”.
It is alleged that he questioned her about people who were distributing Nyarota’s fliers denouncing him.

Chibayambuya told him that she had no knowledge of that, resulting in Muchauraya ordering her to make inquiries. During the conversation, it is alleged that Muchauraya became abusive and started insulting and threatening Chibayambuya saying that he was capable of killing people.
On February 28, it is alleged Muchauraya phoned Nyarota and threatened him with death.
The case was reported to the police leading to Muchauraya’s arrest.

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