MUTARE - Tatenda Nhamarare, the embattled Mutare mayor, has been acquitted of assaulting a fellow MDC colleague during primary elections held last year.
Giles Mutsekwa, former Housing and Social Amenities minister, and two accomplices, have a case to answer, Mutare Magistrate, Noah Gwatidzo ruled yesterday.
In his ruling, Gwatidzo said the State had failed to produce evidence pinning mayor Nhamarare to the crime as no witness saw him.
Malvern Musarurwa was prosecuting.
Nhamarare had been alleging that he had only tried to intervene to stop Kingstone Mutandi from fighting with councillor Crispen Dube, with the councillor claiming that the mayor had been heavily involved in his assault.
Gwatidzo, however, said since Mutsekwa’s ministerial Prado was used as a getaway vehicle after the assault, he needed to be put to his defence “to the State’s assertions that he was not involved in the assault.”
Mutsekwa had been denying any involvement in the case arguing that the vehicle was with his driver at the time the crime was committed.
On Mutandi, Gwatidzo said he had a clear case to answer.
Defence lawyer Chris Ndlovu had been claiming that Dube was defeated in a fist fight with his client following personal differences which had no political undertones.
Ruling on Raphael Mutandi, Magistrate Gwatidzo said the evidence placed him on the scene “yet his defence was that he was not on the scene.”
The case was postponed to February 10.