admin
Senior Court Reporter
A Harare woman and two soldiers who allegedly connived and fatally assaulted the woman’s 13-year-old nephew accusing him of stealing US$70 have been removed from remand. Cleopatra Shingirai Mutisi (45), Tapiwa Frank Gusha (22) and Lovemore Shayanewako (25) successfully applied for refusal of further remand after prosecutor Ms Sharon Mashavira had sought for a postponement of the case.
Mutisi is wife to Brigadier General Francis Mutisi.
In his ruling magistrate Mr Donald Ndirowei said the State unreasonably delayed furnishing the accused persons with a trial date.
Through their lawyer Mr Jonathan Samukange, the trio argued they were placed on remand for a year and the State had not done anything to show that it intended to indict them.
Ms Mashavira opposed the application arguing the offence they were facing was serious and complex.
After hearing submissions from both parties, Mr Ndirowei ruled in favour of the trio and ordered the State to proceed by way of summons. It is alleged Gusha and Shayanewako were assigned to guard Mutisi’s residence in Borrowdale. It is the State’s case that Mutisi gave her maid Sarah Nyakabau US$70 for her to pay people who were repairing their borehole.
The money went missing and the now deceased confessed to the police he stole it.
Mutisi, the court heard, locked the boy in the bedroom for two days without food as punishment after the police told her the deceased was a minor and could not be detained.
She then ordered Gusha and Shayanewako to assault the boy.
According to the State, the two soldiers took him to their cottage where they assaulted him overnight using a hosepipe.
It is alleged Mutisi also assaulted the minor. When the trio realised the juvenile had died they made a false report to the police claiming the child was assaulted by unknown assailants at school.
Online Reporter