Court Correspondent
A policewoman who assaul-ted a community service officer at the Mbare Magistrate’s Court was yesterday slapped with an effective five-month prison term. Babra Chipatiso (28), who is stationed at Avondale Police Station in Harare, was sentenced to 10 months behind bars.

Five months of the sentence were suspended for five years on condition she does not commit a similar offence during that period.

She will serve an effective five months.

In assessing sentence, Mr Stanford Mambanje considered that Chipatiso was a first offender and a family woman but against her it was taken into account that she had committed a serious offence considering she is a police officer.

Facts leading to her conviction are that on November 4 Chipatiso, in the company of her colleague, approached Shingirai Matavire, in her Mbare Magistrates’ Court office.

The court heard that Chipatiso asked Matavire’s supervisor for community service records for Solomon Mombeshora, who was convicted of culpable homicide in 2011.

Matavire’s supervisor told Chipatiso that the record that she was looking for had been taken to the Harare Magistrates’ Court by the director of community service.

Chipatiso began shouting at Matavire’s supervisor accusing her of defeating the course of justice.

She then detained Matavire’s supervisor preventing her from going for lunch and when Matavire intervened Chipatiso turned violent and throttled her.

The matter was reported to the police leading to her arrest.

Fungai Lupande Court Reporter
A Harare man who allegedly connived with ZBC news anchor Deliwe Mathonsi and an Angolan Embassy driver to smuggle a Nissan Sylphy vehicle appeared in court yesterday charged with fraud.

Mathonsi and the driver, Evans Chininga Chiwisa, are still at large.

Tendai Nhema (32) yesterday told the court that it was not fair for him to be denied bail on grounds that he possesses a passport.

“To deny me bail on the basis that I have a passport is lacking in sense. It is every Zimbabwe citizen’s right to have a passport,” he said.

Harare magistrate Mr Elijah Makomo granted Nhema $100 bail.

As part of his bail conditions, Nhema was ordered to surrender his passport and not to interfere with State witnesses.

Prosecutor Mrs Idah Mateke- Maromo alleged that in 2014, Mathonsi, Chiwisa and Nhema connived to smuggle a motor vehicle whose registration number is not known.

The chassis and engine numbers of the vehicle are GX1000098165 and IG6715418 respectively.

The trio allegedly acquired a fraudulent CVR registration book serial number 212514AA.

Armed with the CVR papers the trio went on to acquire licence plate number ABK2520.

They allegedly affixed the number plates and third plate to the smuggled vehicle.

It is alleged that Nhema took the vehicle to a car sale at No. 13 Faber Road, Bluffhill, Harare.

The vehicle was sold and Nhema took registration number ACB 7486 and $500 as payment for the tainted vehicle.

An agreement of sale was drafted to make the buyer believe that the vehicle had traceable records.

On October 15 this year detectives from CID Vehicle Harare Theft Squad impounded the vehicle and investigations revealed that it was tainted.

The Nissan Sylphy was forfeited to the State.

Court Correspondents
A Chirundu man who allegedly crushed his wife’s skull with a 20kg rock in 2008 after accusing her of infidelity appeared in court yesterday. Sabawo Babawo (41) was facing murder charges when he appeared before Harare magistrate Mr Elijah Makomo who remanded him in custody and referred his trial to commence at the High Court on January 11.

Allegations are that on November 5 2008 Babawo, visited Juliet Gwiriko (18) at Nyamakate vending site at the 263km peg along the Harare-Chirundu Road.

The court heard that Gwiriko agreed to talk to Babawo at a distance, away from the other vendors. After preparing a communal meal in which the deceased also partook, the other vendors retired to bed leaving the two talking about 60 metres from the vending site.

It is alleged that after a while, the other vendors were awakened by Gwiriko who was screaming for help. The court heard that one Clement Elephant, who was nearby, went to investigate and upon arrival saw Babawo hastily walking away from Gwiriko who was lying down and crying in pain.

The court heard that Elephant informed other vendors who rushed to the scene and found Gwiriko already dead.

It is alleged that Gwiriko’s head had severe injuries and next to her body was a bloodied 20kg rock.

It is alleged that two letters were recovered from Gwiriko’s wallet that she had received from Babawo in which he was alleging promiscuity and wanted her to come back to him.

In the letters, Babawo it is alleged, made it clear that he would kill Gwiriko if the allegations of her promiscuous behaviour were proved to be true.

Daniel Nemukuyu Senior Court Reporter
FACTIONALISM and infighting have rocked the Apostolic Faith Mission in Zimbabwe church to an extent that some pastors have sued their president and other top officials over failure to carry out an audit for the past 12 years.

Pastors Kefias Mujokeri and Paymore Murefu have approached the High Court seeking an order compelling the executive led by Pastor Asper Madziyire to engage external auditors to check on the church’s books of accounts amid suspicion that there could be embezzlement and abuse of the church’s funds and assets.

Church president Pastor Madziyire and secretary-general Pastor Amon Madawo were cited as respondents in their personal capacities while the church’s national administrator, Pastor Munyaradzi Shumba, was sued in his official capacity.

In a court application filed by the two pastors’ lawyers, Zinyengere and Rupapa Legal Practitioners, the audit sought should be done within 21 days of the issuance of the court order.

The pastors named Deloitte & Touche, KPMG Chartered Accountants Zimbabwe and PWC Pricewaterhouse Coopers as their choice of auditors qualified to carry out the audit.

Upon completion of the audit, the two pastors want the audit report to be accessible to all church members.

In an affidavit, Pastor Mujokeri said Pastor Shumba, as the head of finance, and other leaders had not conducted any audit since 2003 in violation of the church’s constitution.

“Contrary to the peremptory provisions, the second respondent’s books of account have not been audited since 2003.

“Further the second respondent has not been annually conducting audits of the books of account of the first respondents’ provincial councils as he is peremptorily enjoined to by clause 11.91 of the church’s regulations. The last such audit was conducted in 2003,” he said.

Pastor Mujokeri said since the books had not been audited for over a decade, there was suspicion that the funds could have been abused.

“The second respondent’s (Pastor Shumba) constitutional violation creates in me a reasonable suspicion that the books of account having been immune to scrutiny for over a decade, the church’s finances have for that period been abused and misappropriated,” said Pastor Mujokeri.

The pastor said Pastors Madziyire and Madawo had looted from the church to an extent of failing to complete critical church projects.

“It (the church) has failed to complete critical infrastructure like the Rufaro National Conference Centre (in Masvingo), which has (been lying) idle since 2003.

“I suspect that the lack of progress is not merely coincidental but also indicative that the church’s finances are being channelled where they ought not to.

“Further, and even critically, the church’s top officials especially third and fourth respondents (Pastors Madziyire and Madawo) have amassed levels of wealth beyond the means of the church’s full-time salaried officers during that period,” said Pastor Mu- jokeri.

Pastor Madziyire, according to Pastor Mujokeri, runs a company called Lamclem Enterprises that is believed to be funded by the AFM Church.

Pastor Mujokeri also indicated that Pastor Madawo was involved in the operations of Faith Bricks (Private) Limited but he did not declare his interests in that company as he is enjoined to by the church’s regulations.

“In the circumstances, my apprehension is indeed reasonable that the second respondent’s failure to audit the church’s books of account has created room for persons like Pastors Madziyire and Madawo to abuse the church’s funds for their personal aggrandisement and beneficiation . . . ” said Pastor Mu- jokeri.

The church and its leadership are yet to respond to the application ahead of a court hearing date.

Court Correspondent
A 22-year-old man who allegedly raped his then 11-year-old niece in 2013 yesterday appeared in court. The man appeared before Harare magistrate Mr Tendai Mahwe.

He was remanded in custody to January 11 and was advised to apply for bail at the High Court. The names of both the accused and the complainant have been withheld so as to protect the victim. The two are closely related. The man is a brother to the girl’s father. The prosecutor Ms Idah Maromo alleged that sometime in 2013 when the girl was in grade four, her grandmother left for Headlands and left her in the custody of her uncle. It is the State’s case that the uncle went in the girl’s bedroom during the night and raped her once.

Snr Asst Comm Charamba

Crime Reporter
Police have expressed concern over motorists who disobey their instructions to stop at roadblocks. This comes in the wake of cases in which motorists evade roadblocks by speeding off when waved down by officers manning check points.

Some police officers have been knocked down and killed, while other drivers have also been involved in fatal road accidents as a result.

Chief police spokesperson, Senior Assistant Commissioner Charity Charamba, said the force was concerned with such cases.

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“The Zimbabwe Republic Police is concerned with drivers who do not take heed of calls that we have made regarding speeding, overtaking errors, drunken driving and failing to stop at police checking points when instructed to do so,” she said.

She urged motorists to comply with police manning roadblocks and to abide by all traffic rules and regulations.

“We also urge drivers to be cautious when driving on the road and they should avoid overtaking in front of oncoming traffic,” Snr Asst Comm Charamba said.

On Tuesday, 10 people were killed while four others were seriously injured when a Honda Fit collided head-on with a Toyota Noah along the Masvingo-Zvishavane Road.

The Honda Fit — with six passengers of board — reportedly exploded into a ball of fire on impact, burning occupants beyond recognition.

The driver of the Honda Fit had reportedly sped off at a police roadblock, which was mounted near Four Mile, about 4km outside Zvishavane.

A Bulawayo motorist allegedly beat up a police officer who blocked him as he attempted to flee after failing to produce a driver’s licence at a roadblock.

Collen Maponga (26), who was driving along Matopos Road, allegedly assaulted Tichaona Kamuzondi (27) stationed at Bulawayo Central Traffic.

Maponga pleaded not guilty when he appeared before magistrate Ms Charity Maphosa on Tuesday.

Parliament has also approved an increase in fines for various traffic offences from between $5 and $20 to a maximum $100.

The new fines become effective today.

Motorists who proceed against a red traffic light, overtake over a solid white line, drive without a licence, or operate faulty vehicle without a foot brake being fined US$100 for each of offence up from the current $20.

Encroaching white lines at traffic light stops and verbally abusing other road users now attract $20 fines from $10.

Lovemore Meya Court Correspondent
A drunken soldier based at KGVI yesterday escaped a prison term and was fined $250 for punching a Chitungwiza woman after she challenged him for fondling her at a bottle store.

Sarah Kabvembe (27) of Unit O lost her tooth after George Karimupfumbi (44), a soldier, lost his temper at the former’s sister’s bottle store in the same location.

The incident occurred on December 13 at around 6pm when Kabvembe was seated in her sister’s bottle store where Karimupfumbi was drinking beer.

Karimupfumbi who was drunk fondled Kabvembe’s thigh and this angered her.

On enquiring why he had done that, Karimupfumbi turned violent and grabbed Kabvembe’s head.

He then started pulling off her braids.

The court heard that Karimupfumbi punched her on the mouth once and she lost her front tooth in the scuffle.

Kabvembe went to report the matter to the police leading to his arrest.

Appearing before Chitungwiza magistrate Mr Lazarus Murendo, Karimupfumbi pleaded guilty to assault charges.

Mr Murendo slapped him with the fine or he will spend three months in prison if he defaults.

In addition, Karimupfumbi was sentenced to a wholly suspended four months prison term on condition of good behaviour.

Mr Tatenda Mukatera prosecuted.

Fungai Jachi Court Correspondent
A 35-year-old man who stole a motorbike worth $1 800 on Christmas Day was on Tuesday sentenced to one year in prison. Jonathan Nhete of Epworth appeared before Harare magistrate Mr Francis Mapfumo charged with theft.

He pleaded guilty to the charge.

Mr Mapfumo sentenced him to 15 months in jail of which three months were suspended for five years on condition he does not commit a similar offence during that period.

In assessing the sentence, Mr Mapfumo considered that Nhete was a first offender who showed contrition by pleading guilty.

“I have taken into account that you are a first offender and a family man. However, you committed a serious offence and such offences have become prevalent, therefore, a fine will not be justified in this matter.

“A custodial sentence will serve as an appropriate punishment in this matter,” he said. Facts are that on Christmas Day Nhete went to Nomore Garabwe’s house and stole a motorbike which was parked outside his house.

Nhete was arrested after the motorbike was recovered at his house.

Ms Panashe Bwoni prosecuted.

Lovemore Meya Court Correspondent
An under-age Class 2 commuter omnibus driver, who escaped at a police roadblock after being asked to produce his particulars, had his licence cancelled and banned from driving other classes for life.

Iyson Chidzomba (20) of Epworth, Harare, was also sentenced to complete 840 hours of community service by a Chitungwiza magistrate.

Chidzomba pleaded guilty to two counts involving negligent driving and driving a commuter omnibus while under the age of 25.

He appeared before Chitungwiza magistrate Mr Lazarus Murendo who handed him a two-and-a-half-year jail term. Mr Murendo suspended six months of the sentence on condition of good behaviour. The remaining two years were set aside on condition that he completes the unpaid work at Domboramwari Clinic in Epworth.

Chidzomba had his licence cancelled and was banned from driving other classes for life with a $100 fine or 20 days in prison.

The prosecutor Mr Tatenda Mukatera told the court that on December 11 Chidzomba was driving a commuter omnibus, a Toyota Hiace along Arnot Road in Harare.

He had 17 passengers on board when he approached a roadblock at around 7am.

Constable Reason Muyambo signalled him to stop and he complied. The court heard that Cst Muyambo demanded to see his particulars.

Sensing danger, Chidzomba reversed his vehicle and drove away at high speed.

However, Chidzomba was later arrested at around 10am where it was discovered that he had not attained the minimum age of 25 to drive a public service vehicle.

Snr Asst Comm Charamba

Crime Reporter
Police have arrested six suspected poachers who were wanted in connection with several cases of poaching countrywide and recovered rifles and two elephant tusks. They also recovered live rounds of ammunition and an impala carcass.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba confirmed the arrests.

Some of the suspects were arrested in Masvingo, Guruve and Victoria Falls.

In one of the cases, police on December 14 arrested Jason Chisango (57) after he was shot by game scouts at Sango Conservancy, Devure Range, Masvingo while poaching.

Snr Asst Comm Charamba said Chisango’s accomplices managed to escape but he supplied their names as Munashe Mudenge Mugwira, Tavengwa Machona, Batanai Manga, Tavengwa Mazhongwe and Doctor Mazhongwe.

Follow ups were made by police leading to the arrest of Machona, Manga and Mugwira in separate incidents.

“An AK 47, 7mm Mauser pistol and 303 rifles, four 303 live rounds, one spent cartridge used by the gang to commit poaching activities were recovered,” Snr Asst Comm Charamba said.

In another case, police arrested Simon Mugombe (54) for poaching at Chizarira National Park in Victoria Falls.

He was found in possession of a 303 rifle, four live rounds, one spent cartridge, 17 class one wire snares, an impala carcass and a knife.

Mugombe implicated Kalonga Mutale and Tembo Mutale both of Kabuba Village, Chief Sinamagonde, Lusulu who are still at large.

Snr Asst Comm Charamba said in another incident, police in Guruve arrested Henry Zvitete (37) for possessing unregistered ivory at Village 1, Makute Kachuta, Chief Chipuriro.

“The suspect was trapped by police officers who posed as buyers prompting him to produced two elephant tusks leading to his immediate arrest.

“The two elephant tusks worth $1 382,50 weighing 5,53 kilogrammes were recovered,” she said.

Police are appealing for information which may lead to the arrests of Tavengwa Mazhongwe, Doctor Mazhongwe, Kalonga Mutale Tembo Mutale, Mudimba (no further particulars known), Dumisani Moyo, Sinini Ndlovu,and Lendulo Ncube (46).

Snr Asst Comm Charamba said anyone with information leading to their arrest may report to the nearest police station or contact the National Complaints office on 04-703631.

“Members of the public are also urged to be on the lookout as the suspects could possibly be armed and dangerous,” she said.

Meanwhile, police have launched a manhunt for Tudhope James Roy (33) who defaulted court on December 2, 2015 where he was facing charges of unlawful possession of 28,529,7 grammes of gold valued at $970 009,80.

Court Correspondent
For claiming he knew nothing about a court order compelling him to pay $700 for the upkeep of his five children, a Tengwa Africa truck driver landed himself in trouble after the arrears accrued to $11 200.

Maxwell Gatsi (46) of Zengeza 2, employed by a South African haulage truck company in Polokwane, told Chitungwiza magistrate Ms Tendai Rusinahama that he knew nothing about the maintenance order.

“I did not at any given time sign the summons served on me. Since the order was granted in default, I was not aware that I was supposed to pay maintenance. The return of service was not signed by me; the document was forged by the police,” he said in his defence.

Gatsi further argued that three of the children are now grown up and t he was in the process of applying for a recession of judgment.

This was despite the granting of an order in favour of Eager Gumbe (39) of Zengeza 2 by Chitungwiza Civil Court magistrate Ms Marehwanazvo Gofa on August 29 last year.

The order obliged Gatsi to pay $700 per month effective from the same month for their five children.

As a result, Gatsi failed to pay resulting in arrears accruing to $11 200

He denied charges of contravening Section 23 of the Maintenance Act and was remanded to January 16..

Ms Ntombikayise Nleya prosecuted.

Bulawayo Bureau
A 53-year-old Bulawayo barber allegedly raped a mentally challenged woman and gave her a loaf of bread to buy her silence.

Bernard Muronza, of Thorngrove suburb, allegedly bought his 20-year-old victim a bottle of coke and a loaf of bread before raping her.

Muronza appeared before Bulawayo magistrate Tinashe Tashaya facing a rape charge.

He was not asked to plead and was remanded to January 20 on $50 bail.

Prosecuting, Nkathazo Dlodlo said on December 29 last year between 8amand 10am, the complainant left home intending to go for a haircut in Nguboyenja suburb.

“Unfortunately, the barber who does her hair was not available.

“She then proceeded to Burombo where there were other barber men operating under a tree.

“Upon arrival at Burombo grounds, she approached Muronza and paid for the hair cut,” said Dlodlo.

The court heard that after the haircut, Muronza offered to buy her food at the shops.

Dlodlo said the woman refused but Muronza grabbed her arm and force marched her to Burombo tuckshop.

“Muronza, still holding her left arm, bought a loaf of bread and 300ml bottle of coke and took her to his place of residence in Thorn- grove.

He then locked the door before raping her once.

After the rape, the accused gave the complainant the loaf of bread and ordered her to go to her house, the court heard.

Dlodlo told the court that when she arrived home, the complainant reported the rape to her guardian who informed her mother.

A report was made to police leading to Muronza’s arrest.

Fungai Lupande Court Reporter
A Harare man who tried to stop a policeman from arresting a relative on Christmas Day has appeared in court for obstructing the course of justice.

Godknows Tarwireyi of Retreat New Stands in Waterfalls appeared before magistrate Mr Batanai Madzingira facing defeating the course of justice charges.

It is alleged that Godknows could not stand and watch his relative Taurayi being arrested by a police officer Samson Makirimani.

Taurayi was allegedly involved in a dispute with a woman.

It is alleged that around 5pm on Christmas Day, officer Makirimani was on his way to work when he came across Godknows and Taurayi involved in a heated argument with the woman.

Godknows allegedly snatched the woman’s handbag and Makirimani ordered him to return.

He complied.

It is alleged that the woman started demanding her cellphones from Taurayi and again the police officer ordered him to return the cell phones.

However, Taurayi denied and warned the police officer not to interfere in the matter because the woman was a prostitute.

It is alleged that Makirimani ordered Taurayi and the woman to accompany him to Roadport Police Base before grabbing him by the belt.

On seeing that his relative was being taken away, Godknows grabbed him by the other side and started dragging him in the opposite direction.

Makirimani reportedly warned Godknows to stop dragging Taurayi but did not comply.

Other police officers were informed of the melee and came to Makirimani’s rescue.

Godknows was subsequently arrested.

Meanwhile, a drunken soldier based at KGIV Barracks on Thursday escaped a prison term and was fined $250 for punching a Chitungwiza woman after she demanded to know why he had fondled her at a bottle store, Lovemore Meya reports.

Ms Sarah Kabvembe (27) of Unit O lost her tooth after George Karimupfumbi (44), a soldier, lost his temper at Ms Kabvembe’s sister’s bottle store, also in Unit O.

The incident occurred on December 13 at around 6pm when Ms Kabvembe was seated in her sister’s bottle store where Karimupfumbi was drinking beer.

Karimupfumbi, who was drunk, fondled Kabvembe’s thigh and this angered her.

And on inquiring why he had done that, Karimupfumbi turned violent and grabbed Ms Kabvembe’s head. He started pulling off her braids.

The court heard that Karimupfumbi punched her on the mouth once and she lost her front tooth in the scuffle.

Ms Kabvembe went to report the matter to the police leading to the soldier’s arrest.

Appearing before Chitungwiza magistrate Mr Lazarus Murendo, Karimupfumbi pleaded guilty to assault charges.

Mr Murendo slapped him with the fine.

In addition, Karimupfumbi was sentenced to a four-month prison term wholly suspended on condition of good behaviour.

Mr Tatenda Mukatera prosecuted.

Bulawayo Bureau
A CHRISTMAS party turned tragic for a Bulawayo man who suffered a broken arm after being assaulted for switching off the radio when others still wanted to make merry.

Professor Dube of Springs Farm was left nursing a broken arm after he was assaulted by Fortune Ncube (40) of the same farm on December 24 last year for “switching off the radio”.

For the offence, Ncube appeared before Bulawayo magistrate Tinashe Tashaya facing an assault charge.

Ncube was not asked to plead and was remanded in custody to January 11.

For the state, Nkathazo Dlodlo told the court that on Christmas Eve, the two were at a Christmas party at Jophum Mine in Kensington along with other guests playing music and drinking beer.

“At around 4:30pm the owner of the radio came and took his radio home and the party went silent as there was no more music. Ncube asked Dube why there was no more music and the latter told him the owner of the system had taken his radio home,” said Dlodlo.

Dlodlo said a misunderstanding ensued as Ncube accused Dube of switching off the radio.

“Ncube grabbed Dube by his right hand and forcibly held it and used his right knee to break it”.

A report was made to police leading to Ncube’s arrest.

Fungai Lupande Court Reporter
A 17-year-old boy will perform 480 hours of community service after he was convicted of selling mbanje.

Innocent Vanhuhavawone of Milton Park, Harare, was sentenced to a year in prison for illegally possessing the drug.

However, Harare magistrate Mr Tendai Mahwe suspended four months of the sentence for five years on condition that he does not commit a similar offence.

The remaining eight months were also set aside on condition that he performs 480 hours of community service at Belvedere Clinic.

He pleaded guilty to the charge.

The court heard that on December 30 last year at round 2pm detectives from CID Drugs Section received information that Vanhuhavawone was in possession of dangerous drugs.

Acting on the information detectives proceeded to Milton Park where they saw Vanhuhavawone selling the drug through the precast wall.

They approached him while he was busy trading the illicit drug.

He was found in possession of eight sachets of mbanje.

Bulawayo Bureau
A KARIBA Pentecostal church pastor who was arrested for staging a one-man demonstration against Zanu-PF is finally out on bail after his lawyer successfully applied to have his bail reduced from $500 to $50.

Patrick Mugadza (45) from the Remnant Church in Kariba spent 21 days in remand prison after failing to raise $500.

He was granted $500 bail on December 15 last year.

Mugadza, however, failed to raise the money until New Year’s Eve when Thulani Nkala, his lawyer from Dube and Company, successfully applied for a reduction.

Victoria Falls resident magistrate Lindiwe Maphosa reduced the bail to $50.

In his submissions, Nkala said: “Bail granted to the accused is way too high given the fact that the offence he allegedly committed attracts a fine of less than $300.”

Mugadza was not asked to plead to the offence of criminal nuisance.

His trial starts tomorrow.

Mugadza’s other bail conditions remain unchanged.

The defence lawyer had initially applied for refusal of remand saying there was no basis to prosecute his client because he was exercising his constitutional right when he staged the demon- stration.

The magistrate dismissed the application saying as much as it was a constitutional right to demonstrate, exercising it must not be seen to infringe on other people’s rights.

The court was told that the pastor travelled all the way from Kariba to Victoria Falls to stage the solo demonstration against the party in December, during the 15th Zanu-PF Annual National People’s Conference.

Mugadza was arrested near Bata Building in the resort town after members of the public alerted police.

Meanwhile, a Bulawayo businessman, Ashton Mpofu, has been sued for allegedly failing to settle more than $10 000 of debt owed to a fuel supplier.

Mpofu, of Ashy’s Motors, is being sued by Primero Energy (Pvt) Limited for fuel advanced to him in 2014.

The businessman, who also runs hardwares in the city, is cited as the first defendant while Cusley Investment (Pvt) Limited is the second defendant in the summons filed at the High Court.

Primero Energy is demanding the payment of the debt plus interest as well as the cost of the suit on an attorney to client scale.

“Plaintiff claim against you is for payment of $10 225 – an amount owed to plaintiff by the defendants for diesel and petrol fuel advance supplied to defendants by plaintiff at defendants’ special instance and request,” reads the summons.

According to court papers, in February 2014 Primero Energy Company entered into a credit facility upon request by Mpofu and Cusley Investment to supply fuel on credit.

Mpofu allegedly represented and acted on behalf of Cusley Investment in negotiating the deal.

At the time the agreement was signed, Primero Energy was leasing premises belonging to Mpofu and Cusley Investment operating as a service station in Nkulumane 12.

The summons state that according to the terms of the agreement, the defendants’ vehicles would be supplied with fuel on credit at plaintiff’s service station.

Mpofu and Cusley Investment were to continuously service the account against the fuel supplied.

The court papers show that between May 2 and 21 2014, Primero Energy supplied 3 106 litres of petrol worth $4 566 and 4 195, litres of diesel worth $5 832.

Fredrick Mabamba

Fungai Jachi Court Correspondent
A Chitungwiza Town Council employee allegedly connived with land baron Fredrick Mabamba to swindle a home-seeker of a car worth $7 000 in a botched deal over a residential stand.

Gilbert Gono (31), a sewer operator who lives in Chikunguru Street in Chitungwiza, appeared before Harare magistrate Mr Tendai Mahwe.

He was facing fraud charges.

Mr Mahwe remanded Gono to January 20 on $100 bail.

As part of his bail conditions, he was ordered not to interfere with witnesses and to reside at the address he gave to the court.

In addition, he was also ordered to report twice a week on Mondays and Fridays at CID Serious Frauds.

Prosecutor Ms Idah Maromo alleged that sometime in 2013 Moses Perera was approached by Gono who pretended to be an agent for United We Stand Housing Co-operative owned by Mabamba.

It is alleged that Gono told Perera the co-operative had residential stands for sale.

The court heard that on the following day Perera was accompanied by Gono to Unit O, Seke, and Zengeza 5 Rockview area and viewed the residential stands which were allegedly on sale.

Perera was impressed by the stands and showed interest in buying them, it is alleged.

On July 25, 2015 Perera, Gono and Mabamba entered into an agreement of sale, which was signed by Perera and Gono, the court heard.

The State alleged that Perera gave Gono a Subaru, registration number ACT 5840, as payment for the two residential stands.

It is the State’s case that Perera was allocated the stands and Mabamba, as the chairman of the co-operative, signed the agreements of sale.

It is alleged that sometime this year Perera discovered that the stands he had paid for had been sold to other hom-seekers.

The court heard that efforts to contact Gono were fruitless and Perera reported the matter to the police.

Gono was arrested and the total amount prejudiced was $7 000 and nothing was recovered.

Fungai Lupande Court Reporter
A 20-year-old woman yesterday appeared in court for beating her three-year-old stepdaughter, causing her to suffer multiple fractures.

The court heard that the child was ordered to stand under a tree for long periods as punishment for soiling her clothes.

Thanks Musvita, of No. 3016 Domboramwari in Epworth, pleaded guilty to charges of ill-treatment or neglect of children and young persons.

Harare magistrate Ms Tendai Rusinahama referred the matter to Social Welfare regarding the living conditions of the child before sentence.

Musvita was granted $50 bail and is expected back in court on January 15.

Prosecuting, Mr Francesca Mukumbiri told the court that on December 12 last year, the toddler, Shelleen Mutize, was taken to Harare Central Hospital.

Musvita had told her husband, Wonder Mutize, that the child fell unconscious after being choked by a banana.

She added that the minor also fell from a bed while she was sleeping.

At the hospital, a medical doctor who examined the child discovered she had multiple fractures. The doctor also discovered marks on her body which he suspected were consistent with ill-treatment through assaults with blunt objects.

The doctor advised police to investigate the matter.

On December 21, the child’s mother, Ashley Chimutsinga (20), was informed by Mutize informing her that Shelleen was in hospital.

She rushed to the hospital and was told that the child had suffered fractures to the head, rib, hand and leg.

Chimutsinga was told by her older child that the toddler was assaulted on different occasions.

She rushed to ZRP Epworth and reported the matter.

Police officers recorded statements from neighbours on how Musvita ill-treated the child.

They said the child was assaulted and ordered to stand under a tree for long periods so that she doesn’t soil her clothes.

Musvita surrendered herself to the police on Christmas Day.

Meanwhile, a soldier who had had one too many was last week fined $250 for punching a Chitungwiza woman after she demanded to know why he had fondled her at a bottle store.

Ms Sarah Kabvembe (27) of Unit O lost a tooth after George Karimupfumbi (44), based at KGIV Barracks , lost his temper at a bottle store, owned by Ms Kabvembe’s sister, also in Unit O.

The incident occurred at around 6pm on December 13 when Ms Kabvembe was seated in the bottle store where Karimupfumbi was drinking beer.

Karimupfumbi, who was drunk, fondled Kabvembe’s thigh and this angered her.

And on asking why he had done that, Karimupfumbi began pulling off Kabvembe’s braids.

The court heard that Karimupfumbi punched her on the mouth once and she lost a tooth in the scuffle.

Ms Kabvembe went to report the matter to the police leading to Karimupfumbi’s arrest.

Appearing before Chitungwiza magistrate Mr Lazarus Murendo, Karimupfumbi pleaded guilty to assault charges.

Mr Murendo slapped him with the fine.

In addition, Karimupfumbi was sentenced to a four months prison term wholly suspended on condition of good behaviour.

Mr Tatenda Mukatera prosecuted.

Fungai Lupande Court Reporter
Pama Meats owner Andreas Livaditakis yesterday appeared in court accused of “sodomising” his 19-year-old gardener.

Livaditakis (44) appeared before Harare magistrate Mr Hoseah Mujaya facing four counts of aggravated indecent assault.

In his defence, Livaditakis said he is attracted to women and not men.

“The complainant is my former employee. During the duration of his employment this man had disciplinary issues,” Livaditakis said through his lawyer, Mr Ephraim Ndlovu.

“The accusations were reported after he was advised of a transfer. The charge, counts and allegations are pursuant of a scheme to extort, intimidate and smear him.”

Narrating his ordeal, the former gardener said Livaditakis also set his dogs on him whenever he entered his residence.

“In everything that pained me in my life the sexual assault pained me the most,” he said.

“I was afraid of him because he kept a gun in his house and I also feared losing my job. He was also in the habit of setting his dogs on me. He gave me money after the sexual assault to supplement my $70 monthly salary.”

Prosecutor Mr Ephraim Zinyandu alleged that sometime in January last year at around 9am, the complainant was alone in the tuck-room washing watering cans.

Livaditakis allegedly entered the room holding a cup of fruit juice which he offered to the gardener.

After drinking the juice the complainant felt dizzy and weak.

Livaditakis allegedly started fondling and kissing the complainant.

He allegedly bent him over and sodomised him.

Livaditakis gave the complainant $100.

The court heard that in March around 1pm Livaditakis called the complainant into his bedroom and started fondling him.

He sodomised him and gave him $70 before ordering him to go back to his work.

In August he sodomised him again and gave him $30.

On another day in August, Livaditakis called the complainant into his bedroom and started kissing him before sodomising him.

The complaint told Livaditakis that he was going to report him to the police.

He promised to give him $5 000.