Patrick Mugadza

Fungai Lupande Court Reporter
Controversial Kariba self- appointed pastor Patrick Mugadza who “prophesied” President Mugabe’s death, yesterday applied for exception to the charge, saying it was vague.

Mugadza is accused of insulting the Christian religion and African tradition by uttering words that are taboo to predict someone’s death. In his application through his lawyer Mr Obey Shava, Mugadza said the charge was absurd.

“A more vague statement has never been printed,” he said. “The charge sheet claims that the statement made intended to cause offence or realised the risk or possibility of doing so, this is absurd.

“The material averment that the accused intended to cause offence is glaringly missing. This is vague and embarrassing as it leaves accused speculating the meaning of such a loose coalition of words.

“The proceedings cannot continue on the basis of such a defective charge. State has failed to mention a single race, tribe, place of origin, creed or religion which was offended.”

Mr Shava told the court that the accused was prejudiced of his ability to prepare a defence.

“The accused does not know if he is facing the charge of insulting or making grossly provocative statement,” he said. “It leaves him wondering which part to answer to.”

The prosecutor Mr Venencia Mtake consented that the charge was defective and submitted an amended one.

The magistrate Ms Nomsa Sabarauta gave the defence time to study the amended charges.

The matter was remanded to April 19.

It was alleged that on January 12 this year, Mugadza was interviewed by the Zimbabwe Mail, an online publication.

Tendai Rupapa Senior Court Reporter
In a spine-chilling episode, a traditional healer allegedly inflicted incisions on his patient with a razor blade and sucked the blood, before unleashing snakes to also suck the blood in a cleansing ceremony, a court heard yesterday.

Lyton Wisick (41), a Malawian staying illegally in the country, allegedly raped the 35-year-old woman while his two cobra snakes slithered around after she failed to raise $1 800 for the “cleansing”.

He also took the woman’s household property that included a stove, a television set , home theatre, decoder, kitchen unit and a blanket to settle the “debt” after he “removed” an object from her stomach.

Wisick yesterday appeared before Ms Barbra Chimboza charged with rape.

He also stands accused of stealing a radio valued at $350, which he took from another client who wanted spiritual help.

Wisick also faces another charge of contravening the Wildlife Act after he was found in possession of the two snakes.

He was remanded in custody to April 19.

Sometime last month, the complainant, who had marital and business problems, approached Wisick who promised to assist.

The prosecutor Mr Sebastian Mutizirwa alleged that Wisick ordered the woman to pay a consultation fee of $10 before ordering her to remove her blouse.

Wisick allegedly took a razor blade and inflicted incisions on her hands, chest and waist and started sucking the blood coming out of the cuts.

He then showed the woman a hairy object, which he said was from her stomach.

The court heard that Wisick took two snakes from a bag which was in the room and made them suck the blood from the cuts.

He then told her she was supposed to pay $250 for the removal of the object from her stomach.

The woman gave him $75, but failed to raise the balance.

Wisick told her to return for further cleansing, where he instructed her to remove her clothes, before washing her body with water mixed with traditional herbs.

It is the State’s case that Wisick told the woman that the water she had bathed in was going to be drunk by the snakes.

He told her that he needed $1 800 to destroy the object he had removed from her stomach.

On March 26, Wisick phoned the woman inquiring about his money, but she told him she was failing to raise the amount.

They agreed that the woman cede her property to cover the debt and told her the goods now belonged to the snakes, hence, she could not reclaim them.

Wisick allegedly ordered the woman to return the following day for further cleansing, where he raped her on the floor, with the snakes moving around the room.

On the other case facing Wisick, a Harare man, Mr Henry Harrison, lost his radio worth $350 to the traditional healer.

Mr Harrison allegedly visited Wisick to get lucky charms to boost his business and was ordered to pay a consultation fee of $100.

It is the State’s case that when he returned to Wisick’s house the following day to get the charms, he was advised to pay a further $1 200.

Mr Harrison failed to raise the money and decided to give Wisick his radio, but he was not given the medicine.

Fungai Lupande Court Reporter
A Harare man allegedly duped 16 people of over $230 000 after promising them 100 percent interest in a fortnight on every cash investment.

Kudakwashe Brilliant Madzwawa (24) appeared before magistrate Ms Barbara Chimboza yesterday charged with 16 counts of fraud.

Madzwawa was ordered to surrender his passport as part of his bail condition.

He told the court that he lost the passport to people who kidnapped him in November last year, in a case he reported to the police.

“This is a mere civil matter and I will make an appropriate application when I can access the evidence,” he said.

Ms Chimboza remanded Madzwawa to today on free bail to bring proof that he lost his passport.

The prosecutor, Mr Sebastian Mutizirwa, alleged that between September and December 2016, Madzwawa misrepresented to people that he was into foreign currency trading.

It is alleged that he advised the people that he had a registered company, Avrex Holdings (Pvt) Ltd, but the court heard that the company is not registered.

Madzwawa allegedly told people that they can realise 100 percent interest in a fortnight when they invest money with his company.

It is alleged that 16 people invested money ranging from $1 000 to $72 600 each, totalling $234 580.

The profits did not come and nothing was recovered.

Takudzwa Matambura Herald Reporter
A 20-YEAR-OLD Epworth woman appeared in court on Tuesday for allegedly killing her four-month-old baby.

Sheilla Mukombe appeared before Harare magistrate Mr Elisha Singano charged with infanticide.

The prosecutor Mr Sebastian Mutizirwa alleged that on March 31, 2017 Mukombe claims to have been chased away by her aunt, who resides in Mabvuku for bearing children out of wedlock.

Mukombe then went to a bushy area in Overspill, Epworth.

She abandoned her four-month-old baby along a river bank after wrapping the minor with a cloth.

A neighbour, Owen Munemo, asked Mukombe where she had left the baby.

She lied that the baby was with her aunt in Mabvuku.

A suspicious Munemo saw the baby’s clothes in a bin nearby.

He reported the matter to the police.

Mukombe was arrested.

She led police to a river where the baby was found dead.

The baby’s body was taken to Harare Central Hospital for a postmortem.

Mukombe was remanded in custody to April 10.

Jaison Passade

Sheillah Mapani Herald reporter
Zanu-pf legislator for Mt Pleasant Jaison Passade has been taken to the Harare Civil Court for allegedly failing to refund a Harare woman the $4 000 that was payment for a residential stand.

The matter was heard before Harare Civil Court magistrate Mr Adonia Masawi and was referred to a later date for trial.

Marian Pasipanodya told the court that she entered an agreement of sale for a stand in Borrowdale, Harare, with Passade and the Panavest Properties (Pvt) LTD on November 26 last year.

She allegedly paid $3 000 upon signing the agreement.

The amount was receipted by Panavest Properties who were to forward it to Passade.

Pasipanodya told the court that she went on to pay $1 000 more, which was also receipted.

Pasipanodya later notified Passade that she was no longer interested in the stand deal because of some political reasons, the court heard.

She alleged that sometime in 2015, she tried to visit the stand, but was told not to proceed as the area was barricaded by some zanu-pf youths manning the whole area.

The court heard that the youths clearly told her that no one was allowed in the area.

She notified Passade and the Panavest Properties that she was no longer willing to proceed with payments and, therefore, wanted her money back.

She told the court that despite her repeated demands, Passade and the Panavest Properties failed to pay her back.

Fidelis Munyoro Chief Court Reporter
The case in which MDC-T was seeking an order to stop the Zimbabwe Electoral Commission (ZEC) from surrendering the procurement of biometric voter registration kits to the State Procurement Board has been removed from the urgent roll. The opposition party last week filed an urgent chamber application in the High Court in a bid to stop ZEC from using SPB to procure biometric voter registration kits.

The matter was on Wednesday removed from the roll after the MDC-T accepted that ZEC had extended the bid of the three companies that had launched their bid in the United Nations Development Programme’s process.

Advocate Tawanda Zhuwarara instructed by Mr David Hofisi of Zimbabwe Lawyers for Human Rights confirmed to The Herald yesterday that the matter was no longer urgent.

“It will now proceed as an ordinary court application,” said Adv Zhuwarara. “The issue which is now left for determination is whether or not ZEC can use the State Procurement Board to acquire election material.”

In the application filed in the High Court on March 31, the applicants – Takudzwa Mavure, a Harare resident; and the MDC-T party, cited ZEC, Justice Rita Makarau (the ZEC chairperson) and the SPB as respondents.

MDC-T and Mavure argued that ZEC was deviating from its duty and wanted to discard a negotiated process and agreed position in the procurement of the biometric voter registration kits and surrender it to the SPB.

It was also argued that ZEC’s move was unlawful in that the commission was neither a statutory body nor a procuring entity.

In surrendering the procurement of biometric voter registration kits, the lawyers argued that ZEC was bowing down to pressure from the Executive, which intended to take control of the procurement of the biometric voter registration kits.

Tendai Rupapa Senior Court Reporter
A local businessman who reportedly swindled his business partners of close to $1,6 million yesterday appeared in court facing charges of theft and theft of trust property. Tony Renato Sarpo (52) is a former partner at Matabeleland Engineering (Pvt) Ltd, which is in the business of manufacturing and servicing gold mining equipment for small- and large- scale miners.

Sarpo allegedly received funds on behalf of the company and converted it to his own use. He also stands accused of selling the company’s seven vehicles that included two Landcruisers, a UD truck, Toyota Ipsum, Hyundai SUV and two Mazda B1800 trucks and pocketing the money.

He was not asked to plead to the charges when he appeared before Ms Barbra Chimboza, who freed him on $1 000 bail with the State’s consent.

Sarpo is being represented by Advocate Tawanda Zhuwarara instructed by Mr Kelvin Madzedze of Mawere Sibanda Commercial Lawyers.

Prosecutor Miss Audrey Chogumaira assisted by Ms Linda Gadzikwa alleged that in 2013, Gareth David Fury, who was a partner at Matabeleland Engineering (Pvt) Ltd relocated to Australia and sold his shares to Sarpo for $475 000.

Sarpo, the State alleged, did not use his personal funds to purchase the shares, but instead took advantage of his position as the company’s financial director and allegedly stole $105 000 which he used as part payment.

During the same year, Sarpo reportedly stole more than $70 000 from the company’s coffers.

He is said to have transferred $10 000 and $64 443 to his companies – Hothfield and Peppy Motors respectively.

It is the State’s case that Matabeleland Engineering decided to import 90 motorbikes from China which they intended to sell to sugarcane farmers in Chiredzi.

Sarpo, who was allegedly given $150 000 by the company to import the motorbikes on its behalf, went on to import them in the name of one of his companies.

The offence came to light after the Zimbabwe Revenue Authority (Zimra) officials delivered customs clearance certificates for the motorbikes to Matabeleland Engineering premises.

The court heard that between 2013 and 2016, Sarpo converted $557 000 to his personal use which was meant for the company.

According to the State, Matabeleland Engineering lost $1 621 712 to Sarpo and nothing was recovered.

Crime Reporter
South African police have arrested for suspects believed to be Zimbabweans after they attempted to smuggle stolen vehicles into the country through Botswana. According to South African Police Service (SAPS) website, they are carrying out joint clean-up operations throughout Limpopo Province, including at the port of entries, to address cross-border crimes. “During the operation at Grobler’s Bridge Port of Entry, four suspects (names being withheld) aged between 26 and 41 years were arrested for possession of suspected stolen cars and possession of dagga,” SAPS said.

“The following were recovered during the arrest: White Mercedes Sprinter which was en route to Zimbabwe via Botswana; Silver Mercedes-Benz and bags containing dagga.”

The suspects are expected to appear before Tom-Burg Periodical Court once investigations have been completed.

SAPS said as part of its Back to Basics approach and in its efforts to prevent and combat crime and corruption at their borders, it had led a nationwide police intelligence driven-operation since last week.

“The multi-departmental operations, which included the South African Revenue Service and the Department of Home Affairs, were conducted at our land, sea and airports,” it said.

“There were significant successes resulting from these operations in that 101 suspects were arrested as well and a variety of items were recovered/seized. These items included drugs, counterfeit goods, 19 illegal firearms and approximately 362 rounds of ammunition, hijacked vehicles, as well as undeclared foreign currency.

“We will endeavour to establish if the firearms were used in the commission of other crimes.”

There are 69 cases under investigation, which resulted from the arrests and seizures.

Daniel Nemukuyu Senior Court Reporter
A bank teller is fighting expulsion from employment over allegations of stealing $8 from a client. Robert Chiwanza, who was employed at FBC Bank Limited’s Victoria Falls Branch, was shown the door after the closed circuit television footage proved that he had not given a client $8 change. Chiwanza was presented with a $20 note by a client who wanted to deposit $12.

The client just went out of the bank and Chiwanza filled in some papers indicating that he had given the man his $8 change. A month later, the client visited the bank claiming his change, but Chiwanza insisted that he had given the man the $8.

The closed circuit television (CCTV) footage for the day in question was played and it became clear that Chiwanza did not give the man his money. Chiwanza was charged with theft or fraud in terms of the company’s code of conduct and was convicted and fired.

The Labour Court ordered his reinstatement with full benefits and salary, but the bank appealed to the Supreme Court.

This week, the Supreme Court ruled that the bank had reasonable grounds on appeal.

Justice Elizabeth Gwaunza ruled that the bank’s appeal was still valid despite failure by its lawyer to pay costs for preparation of the record of proceedings.

Justice Gwaunza ruled that FBC could not be punished for the “sins” of their legal practitioner who decided to take the law into his own hands.

“Failure to comply with the rules in this case was, therefore, wilful, albeit on the part of the applicant’s legal practitioner,” she said.

“While Mr Maguchu’s (the bank’s lawyer) conduct is deserving of censure, I do not find that it scales such levels of seriousness, blatancy or unreasonableness as would merit a dismissal of the application.”

Justice Gwaunza found that the bank had prospects of success on appeal.

FBC will now proceed to argue its matter on appeal, with a view to have the bank teller dismissed over the theft of $8.

Mr Melusi Matshiya

Farirai Machivenyika Senior Reporter
Over 200 people who were victims of human trafficking to Kuwait and Saudi Arabia have been repatriated, Home Affairs Permanent Secretary Mr Melusi Matshiya has said. Mr Matshiya said this after meeting the Senate Thematic Committee on Human Rights on Wednesday to discuss the impact of human trafficking in Zimbabwe. “As of now we have had over 200 people who have been repatriated and mostly from Kuwait and Saudi Arabia,” he said.

Most of the victims were women trafficked to the two Middle Eastern countries on the promise of better paying jobs but ended up being forced to engage in prostitution and labour enslavement.

Mr Matshiya said it was important that people study and understand the nature of the visa they are granted before they visited any foreign country.

“The question was if Kuwait is doing that, it is outlawed (by the UN) why is it they (UN) can’t stop it? The issue is it is a free country and the ‘Kadamas’, according to their language, is a servant and if you come up with a visa written ‘Kadama’, it’s a servant visa which already classifies you in terms of the laws of that country and they will receive you as a servant,” Mr Matshiya added.

He said Government had set up an inter-ministerial committee chaired by the Ministry of Home Affairs and includes the ministries of Public Service, Labour and Social Welfare, Foreign Affairs, Health and Child Care and Women Affairs, Gender and Community Development to deal with the matter.

Mr Matshiya said they were working with the country’s embassies across the world to study human trafficking trends.

Meanwhile, Mr Matshiya told the committee that police investigations into the whereabouts of missing activist Itai Dzamara were ongoing.

Freeman Razemba Crime Reporter—
A Zimbabwean man believed to have been part of a gang linked to the recent OR Tambo International Airport multi-million rand heist has 14 different names, South African Police have revealed. According to media reports, the Kempton Park Magistrate’s Court yesterday heard that Prince Raphael Dube‚ the man who told the court that he earned 400 000 rand per month‚ has 14 different names‚ according to police records.

It was also clarified that Dube does not, in fact, earn R400 000 a month‚ but earns this amount per year as salaries from three different companies he was linked to. Some of these companies were not registered for Value Added Tax and neither had Company Tax Returns filed with the South African Revenue Service (SARS).

This emerged when South Africa State Prosecutor Mr Jacob Serepo read an affidavit from a SARS official in opposition of bail for Dube‚ whose application continues.

Dube also has not filed a personal income tax return since 2010.

Further evidence presented by the State included four previous convictions for fraud‚ contravening the Immigration Act and driving under the influence of alcohol in the last seven years‚ two of which he did not declare to the court.

“We have found records of five different surnames and six different dates of birth‚ as per reports from the Local Criminal Record Centre‚” Mr Serepo told the court.

The State maintained that Dube was an illegal immigrant from Zimbabwe and that he was arrested in possession of a falsified South African identity document‚ for which a case of fraud was opened in Bethal in the Free State.

The court heard arguments from Dube’s lawyer‚ Advocate Oscar Machevele, in which he clarified the 400 000 rand monthly income issue.

“My client was still confused as he had been grievously assaulted by the arresting officers‚” Adv Machevele submitted to the court in response to Magistrate Amulekani Msimeki questioning the R400 000 per month salary‚ as she had requested the accused to clarify the statement on a previous occasion.

“I can confirm he earns that amount per annum‚ not per month‚” Adv Machevele said.

Adv Machevele argued that exceptional circumstances‚ which must be proved for a bail applicant charged with a Schedule Six offence to be granted bail‚ were indeed proved for his client.

“In reply to the State‚ nothing was found in possession of my client at the time of his arrest to link him to the robbery,” he said.

“Even now‚ the State has not produced any video footage or blood evidence to prove he was there.”

Court Reporter
A 45-year-old man appeared in court on Thursday accused of punching to death another man at a party on New Year’s Day last year after learning that they were sharing a girlfriend.

Regis Munyikwa (45) is facing culpable homicide charges and is on $300 bail.

He appeared before Harare magistrate Ms Bianca Makwande. Prosecuting, Ms Ressy Nyamombe alleged that on January 1, 2016, Nasho, Munyikwa and others were celebrating the New Year at No. 71 Chummy Drive, St Martin’s, Harare.

The court heard that Nasho and Munyikwa had a misunderstanding over the girlfriend, Magadalena Masukuma.

An altercation ensured and Munyikwa punched Nasho once in the face, resulting in him falling on the tarmac and sustaining head injuries.

He became unconscious and struggled to breathe, before being rushed to Baines Inter-Care Clinic where he died upon arrival. A post-mortem revealed that Nasho died due to subdural haematoma secondary to blunt force, bronco aspiration of gastric content and head injury.

Fungai Lupande Court Reporter
A suspected conman allegedly masqueraded as an employee of the President’s Office assigned by the First Family to recruit people to work at a diamond mine in Angola.

Phillip Zinyemba (47) and his three accomplices, who are on the run, duped more than 12 people using the trick.

They allegedly demanded $535 from each person for a visa, a work permit and an air ticket.

Zinyemba appeared before Harare magistrate Ms Barbara Chimboza on Friday facing fraud charges.

He was remanded to May 19 on $100 bail and as part of his bail conditions was ordered to reside at his given address and not to interfere with State witnesses pending finalisation of the matter.

He was represented by Mr Ashiel Mugiya. Prosecutor Ms Audrey Chogumaira alleged that between August and October last year Zinyemba and his accomplices connived to swindle desperate job-seekers.

It is alleged that the quartet misrepresented that they were members of the President’s Office and were assigned by the First Family to recruit experienced people in the mining industry.

The court heard that they lied that the First Family had acquired a diamond mining company called Bonatech in Angola. Pursuant to their plan, they created fake invoices with a logo of Bonatech Mining Angola accompanied by an address, No. 408 Kaguvi Street, 4th Floor, Harare.

Two complainants -Robin Makaza (46) and Kuvaka Chipfunde (47) – were made to pay $535 each for visa processing, work permit and an air ticket to Angola.

The pair was made to undergo medical examination, have their fingerprints taken and surrendered their passports.

The accused disappeared after duping Makaza, Chipfunde and 12 others who later came forward.

At least $1 070 was lost and nothing was recovered.

Fungai Lupande Court Reporter
Borrowdale Primary School lost almost $16 000 to two NMB bank officials who made internal transfers without the school’s knowledge in a hard cash gamble.

The bank officials – Ellen Chigodora (34), a customer service officer; and operations manager Tsungai Beta (37) – are being jointly charged for fraud with Terrence Magoronga (22), a salesperson for Property Enterprises.

The trio appeared before Harare magistrate Ms Barbara Chimboza last week and were remanded to May 19 on $200 bail each.

Prosecutor Ms Audrey Chogumaira alleged that sometime in February this year, Magoronga was approached by Itai Muteve, who was looking for cash.

Muteve, who is reportedly on the run, operates a beverage wholesale at High Glen Shopping Mall in Harare.

It is alleged that Stephen Mutumhe offered to provide cash upon transfer of money into his bank account.

The court heard that on March 17, Tandiwe Fungurani submitted to the bank two internal transfer instructions with forged signatures of Borrowdale Primary School officials of $8 340 and $7 624.

Chigodora accepted the instructions and processed them without verifying whether or not Fungurani was authorised to transact on behalf of the school.

She took the transaction to Beta for authorisation.

It is alleged that Beta authorised the transaction without verifying with the school and the money was allegedly transferred into Mutumhe’s personal bank account.

The court heard that Magoronga approached Mutumhe in the company of two unknown females claiming to be officials from Borrowdale Primary School.

They claimed the money and Mutumhe allegedly handed the cash over and, four days later, the school received an e-mail of the transfer from NMB.

The school headmaster went to the bank and was shown two copies of the internal transfers. The school lost $15 964 and nothing was recovered.

Takudzwa Matambura Herald Reporter
Four Mbare residents were yesterday convicted by a Harare magistrate for stealing over $5 500 from a dying woman at an accident scene.

Ernest Jonga (23), Sedrick Kachengo (20), Innocent Gumbo (17) and Kelvin John (21) pleaded their innocence before being found guilty by Harare magistrate Ms Barbara Chimboza after a full trial. They were remanded to today for sentencing.

In passing the judgment, Ms Chimboza said the court could hardly depend on the quartet as they were not consistent in their evidence. The quartet denied being the first to arrive at the accident scene, inisisting that there were already two cars at the scene when they arrived.

The State, represented by Ms Idah Maromo, told the court that Catherine Maramwidze, an entreprenuer, received $5 510 cash from business partners to travel and buy potatoes for resale in Nyanga.

The court heard that Maramwidze was involved in an accident along the Harare-Mutare Road and died on arrival at Parirenyatwa Hospital. The four thieves were in a Mazda pick-up truck which was trailing the lorry in which Maramwidze was travelling. The State proved that the quartet was the first to arrive at the accident scene, where they searched Maramwidze, who was unconscious, and stole her cash, before leaving.

On November 27 last year, detectives from Highlands received information to the effect that it was the four who who got away with the cash at the accident scene. Investigations were made, leading to their interrogation and subsequent arrest. Only $1 710 was recovered .

from them.

Sheillah Mapani Herald Reporter
The Church of Jesus Christ of Latter Day Saints in Highlands, Harare, has been hauled before the Harare Civil Court by a Bulawayo woman for allegedly failing to pay a balance of $32 000 as compensation for her son’s death.

The matter was brought before Harare Civil Court magistrate Mr Brighton Pabwe, but was deferred to May 3. It is alleged that on November 20, 2015, Winnie Mpofu and the church, represented by Shawn Boshoff as legal counsel, entered into an agreement in which the church undertook to pay the sum of $50 000 as compensation for the death of her son.

The court heard that earlier that year on May 22, Elder Brandon Cornelius, who is a church member, accidentally struck Daniel Mabhena while driving. Mpofu told the court that the church contacted the family representatives and offered to support and provide any assistance needed by the family in a show of good faith.

As a result, the court heard, the parties entered into an agreement to put in writing details pertaining to the settlement of all disputes. According to the agreement, disputes referred to “all past, present and future known and unknown disputes, including all claims, liabilities, damages, injuries, suits and proceeding arising out of the accident”.

In terms of Clause 2.2.1 of the agreement, the full amount of the payment should have been paid by February 15 last year. Mpofu further told the court that the church had so far paid the sum of $18 000, leaving an outstanding balance of $32 000, which is now long overdue. She further alleged that despite a series of demands she made, the church neglected to pay.

Fungai Lupande Court Reporter
The Harare Magistrates’ Court has opened an inquest into the death of Mr Leslie John Denn, who was the board chairman of CMED (Pvt) Ltd and managing director of Nemchen (Pvt) Ltd.

Mr Denn reportedly shot himself in the upper torso in May last year under unclear circumstances and his body was found by his fiancée at his Borrowdale house. Harare magistrate Mr Lazini Ncube called Mr Denn’s housemaid, Yvonne Kapakasi, as the first witness.

She said: “On May 9, 2016 Mr Denn left his room in the morning escorting his girlfriend, Ashton Pillary, out. He went back to his room and around 9am I saw him outside smoking his cigarette; we chatted and he went back to his room.

“Around 4.30pm, Ashton came back playing her music loudly. She went to Mr Denn’s bedroom and found it locked. I asked her if they had a misunderstanding in the morning for him to lock himself.

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“Ashton insisted that we open the door and she climbed a brick wall and entered through a window.”

Kapakasi said Ashton spent a long time inside before alerting her.

“I saw the deceased’s body covered with a blanket and I asked her what the problem was. I then uncovered him,” she said. “I saw a gun next to him and he was lying in a pool of blood. I asked her what had happened and she said he had shot himself.”

The gardener, John Choruma, told the court that Ashton spent about 10 to 15 minutes inside the bedroom, before alerting them of the death.

He said the gun was on Mr Denn’s left side, yet he used the right hand.

While answering questions from the gallery, Choruma said Ashton asked him to remove the gun.

“I never heard a gunshot,” he said. “The following day she (Ashton) asked me for a battery screwdriver and I asked her what she wanted to do with it. She said it was none of my business.

“She asked me to burn the mattress Mr Denn’s body was found lying on.”

In her testimony, Ashton said the deceased was suicidal.

“The window was open and when I climbed in, I saw him lying on the bed and I quickly called Kapakasi,” she said. “The cartridge was not found and nothing was moved in the bedroom.”

Asked by Ms Shantel Hutton, a sister of the deceased, what she wanted the screwdriver for, Ashton said she wanted to unscrew the cupboard which contained a safe.

“What did you take out of the safe?” she asked, and Ashton said she took her passport.

Asked if it was possible for Mr Denn to cover himself with a blanket if he had committed suicide, Ashton said they didn’t have the spare keys.

A police officer who was in the gallery asked Ashton if it was possible for the deceased to shoot himself in the back.

“Photographs of the deceased show that the bullet got through his back and got out through the front,” said the police officer.

Ashton said she did not know about that.

“Why did you ask the gardener to burn the mattress?” inquired the police officer, and Ashton said the police asked her to burn it and look for the cartridge.

The inquest continues on April 20.

Evan Mawarire

Daniel Nemukuyu Senior Court Reporter
#ThisFlag Campaign leader Evan Mawarire (pictured), accused of attempting to overthrow President Mugabe through unconstitutional means, yesterday had his bail conditions relaxed to allow him to travel abroad to meet his family.

Mawarire temporarily got his passport back to allow him to visit his family in the United States from today until April 20. High Court judge Justice Munangati-Manongwa also ordered the relaxation of Mawarire’s reporting conditions from twice weekly to once fortnightly.

The decision followed a successful application by Mr Harrison Nkomo and Mr Garikayi Mhishi of Mhishi Nkomo Legal Practice. The lawyers argued that Mawarire, being a pastor, needed to travel around the country preaching the word to the masses, hence reporting twice a week to the police was costly to him.

It was also submitted that Mawarire left his family in the US two months ago and that he needed to visit them. The court also heard that Mawarire had been complying with the bail conditions since February and that he deserved a relaxation of the bail conditions. During the hearing, the prosecutor Mr Edmore Nyazamba urged the court to dismiss the application.

“The bail conditions imposed by the court are designed to safeguard the interests of justice,” he said. “Relaxing those conditions will only work to defeat the interest of justice. It is submitted that the application should be dismissed.”

Mawarire was arrested at the Harare International Airport in February on his return from the US and subsequently appeared at the Harare Magistrates’ Court. He was denied bail, but High Court judge Justice Clement Phiri freed him on $300 bail.

It is the State’s case that between July 13 and December last year, Mawarire used the print and electronic media to incite Zimbabweans to revolt against the constitutionally elected Government. He allegedly urged people not to go to work and engage in violent demonstrations.

It is further alleged that on September 15, 2016, Mawarire called on US-based Zimbabweans to converge in New York and confront President Mugabe, who was attending the United Nations General Assembly. He urged people to embarrass President Mugabe and call for his immediate resignation, the State alleged.

Deputy Minister Marapira

Daniel Nemukuyu Senior Court Reporter
DEPUTY Minister of Agriculture, Mechanisation and Irrigation Development (Cropping Production) Davis Marapira has been shown the red card by his wife on allegations of infidelity and abusive tendencies.

Mrs Sibusisiwe Melody Marapira decided to end the four-year union with the politician, arguing that the union had irretrievably broken. The minister initially opposed the allegations and the proposed property distribution plan before he made a U-turn and withdrew the opposing papers.

After withdrawing his plea and appearance to defend the divorce, the minister filed an affidavit of waiver in which he stated that he was no longer opposed to the divorce summons.

“I have no intention whatsoever to defend the action of divorce and ancillary relief sought. In the premises, I consent to the plaintiff’s action being immediately set down for hearing on an uncontested basis. I hereby waive the necessity to be served personally with a notice of set down,” reads the affidavit. The matter has been set down for today (Thursday) on the unopposed court roll in the Family Law Court.

Mrs Marapira, in her declaration, stated that her marriage to the minister was solemnised on September 7, 2013 in Masvingo under the Marriages Act (Chapter 5:11).

The union was blessed with three children, who are still minors. Mrs Marapira accused her husband of infidelity.

“The defendant has been having numerous affairs with other women. Parties want to lead separate lives. The defendant has been abusive to plaintiff physically and mentally,” reads part of the declaration.

Mrs Marapira indicated that the parties to the marriage had not been living together as a couple for a long time and that they had lost love and affection for each other. During the subsistence of the marriage, the parties acquired numerous immovable properties, including cars, furniture and other household goods.

She added that the couple acquired an immovable property namely, House Number 15 Ryelands Court, Harare and Lamonte Farm in Masvingo. The parties, according to the declaration, own 200 cattle, 1 000 sheep and 65 hectares of arable land under centre pivot irrigation all year round.

Mrs Marapira wants a decree of divorce plus custody of the three children. She is also claiming monthly maintenance of $500 per child. Mrs Marapira wants the minister to pay school fees for the children and accommodation.

She wants a share of the 65 hectares of arable land at Lamonte Farm. Mrs Marapira also seeks an order allowing her to retain her own nine cows at the farm and household property at Number 15 Reylands Court, Pomona Harare.

Fungai Lupande Court Reporter
Four Mbare thieves who stole more than $5 000 from a dying woman at an accident scene were yesterday sentenced to 280 hours of community service.

Harare magistrate Ms Barbara Chimboza sentenced Ernest Jonga (23), Sedrick Kachengo (20), Innocent Gumbo (17) and Kelvin John (21) to 18 months in prison, but suspended three months of the sentence for five years on condition of good behaviour.

Of the remaining 15 months, seven were set aside on condition that each of them restitutes Aaron Nyapfumbi of $1 379 by May 30 this year. The remaining eight months were suspended on condition that each of them performed 280 hours of community service.

The court heard that on November 12 last year at around 5pm, the now deceased Cathrine Maramwidze received cash from Nyapfumbi, her business partner, amounting to $5 510 to buy potatoes for resale in Nyanga.

She was involved in a fatal accident while approaching the 68-kilometre peg along the Harare-Mutare Road in which she was seriously injured. The quartet was in a Mazda pick-up vehicle trailing the lorry which was involved in the accident.

They were the first to arrive at the accident scene and they took advantage of Maramwidze’s unconsciousness to search her and stole the cash. Maramwidze was ferried to Parirenyatwa Group of Hospitals where she died upon arrival.

On November 27, detectives from CID Highlands received information that some money was stolen at the accident scene. Investigations led to the arrest of the quartet and only $1 710 was recovered.