Mwanjali remanded in custody, Gutu gets bail

HARARE - CAPS United captain Method Mwanjali spent his third night in custody yesterday after the Harare Magistrates’ Courts failed to finalise on his initial hearing on a case he is accused of stabbing a Southerton man.

Mwanjali, 33, appeared in court together with his teammate Archieford Gutu, 23.

However, presiding magistrate Tendai Mahwe released Gutu on $100 bail after considering that he faced a lesser charge before locking Mwanjali up until today to finalise whether the State had over-detained him.

Mwanjali is being charged with ‘‘attempted murder’’ while Gutu faces ‘‘malicious damage to property’’ charges.

The duo is being represented by Advocate Lewis Uriri instructed by Tinofara K Hove. Uriri is also the CAPS United board chairperson.

“We object to placement on remand of the accused person because his appearance is contrary to law. He was arrested on April 17, at around 4am and ought to have been brought before a court within 48 hours of arrest,” Uriri said.

“The 48 hours provided for by the Constitution run regardless of whether it is a weekend or public holiday. The time however, lapsed today (yesterday) at 4am. The accused person should be released and the State should not lure the court to participate in a illegality.”

Prosecutor Fransisca Mukumbiri’s version of events differed from Mwanjali’s lawyers.

“It is misleading to say that the accused person was arrested on April 17, because that is when the offence was committed. They fled from the scene and later surrendered themselves around 11am before being formally arrested around 3pm,” said Mukumbiri.

“…therefore his constitutional right has not been violated. He is properly before the court.”

The complainant is the State represented by Constable Batsirai Wafawanaka of Milton Park Police Station. It is alleged that on April 17 at around 4am Mwanjali was at 1+1 Happy Club at Long Cheng Plaza in the company of Gutu.

When they were driving out of the complex, Gutu’s Nissan Elgrand van almost collided with Tonderai Nhunzvi’s Toyota Altezza.

The court heard that Gutu fumed at Nhunzvi and accused him of driving badly. Nhunzvi then closed his car windows but an infuriated Gutu reached for an unknown object and smashed the windscreen before returning to his car.

Nhunzvi’s friends Lionel Muchena, Edgar Muchibwa and Marian Chikomo intercepted Gutu from getting into his vehicle where Mwanjali was waiting.

The court heard that Nhunzvi and his friends intended to settle the matter at the nearest police station but Gutu refused.

This attracted onlookers who were on the scene prompting Mwanjali to also come to the scene to see what had happened.

Mwanjali asked Nhunzvi to explain what had transpired and the two began exchanging harsh words.

The court heard that Mwanjali went back to Gutu’s van and brought back a knife that he used to stab Nhunzvi twice in the stomach.

Muchena tried to protect his friend Nhunzvi and had his right thumb also stabbed by Mwanjali.

Upon realising that they had committed the offence Mwanjali and Gutu fled from the scene and later went to Milton Park Police Station and filed a report of malicious damage to property claiming that their vehicles’ tyres had been deflated.

The duo were interviewed and later arrested.

Nhunzvi is currently admitted at Parirenyatwa Group of Hospitals.

The investigating officer has not been able to record Nhunzvi’s statement to date because he is still unable to speak as he is reportedly still in a critical condition.

Comments (2)

He should rot in jail and after release he should carry out community service pa Machipisa Police Station tichimuona tiri muma KOMBI zvedu. Very bad attitude he learnt in South Africa during XENOPHOBIA times to attack innocent with knives Iye aiwhanda mu firiji ku South Africa kunzwa kuti kune Xenophobia toda kumuona isusu ana Ambuya vake 3am varume kusiya vakadzi mumba hamunyare

KOMBI - 20 April 2016

Mufana yawatanga iyi mamhepo ere or ingozi ,kungoti garegare kuNharadada dzeSouth idzo watoCoper huNhubu huye,Zvino twumari twose twawaidikitirira Nhandare yose twunopra nevakomana kuno kuzhara uku

Mashotopiyana - 20 April 2016

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