Musakwa seeks discharge

HARARE - Former gospel musician, Elias Musakwa, who is being charged for threatening to shoot a neighbour, has applied for an acquittal, arguing the prosecution failed to prove a case against him.

Musakwa — answering to charges of threats to commit future violence before Harare magistrate Barbra Mateko — had allegedly been asked by the neighbour to reduce his radio volume.

He claims he was ridiculed by the State which, after summoning him back to court, only relied on evidence from one witness because it had not finished recording statements from others.

Musakwa is being represented by Victuals Mapepa and Purity Chikangaise, and has filed his application for discharge at close of State case pending a determination by Mateko on September 8.

“Section  198 (3) of the Criminal Procedure and  Evidence Act underscores that if at the close of the prosecution’s case there is no evidence that the accused committed the offence the court shall retain a verdict of not guilty,” Mapepa said.

“The prosecution failed to establish the essential elements of the charge of threats of future violence charged against the accused person and there was no evidence proffered by the prosecution which a reasonable court can convict the accused person.

“The evidence put forward on behalf of the State was manifestly unreliable such that the court cannot act upon it hence failing to establish a ‘prima facie’ case against the accused person.”

Prosecutor Nyikadzino Machingura alleged that sometime in September last year, Kennedy Mudukuti filed a complaint against Musakwa at Ruwa Police Station.

He alleged that Musakwa was polluting their neighbourhood with noise as he played loud music at his house during “functions”.

The court heard that police officers from Ruwa proceeded to Musakwa’s residence and cautioned him of criminal nuisance.

This did not go down well with Musakwa, who allegedly planned to confront the complainant later about the issue.

It was alleged that on October 19 last year, the Wanga Murena hit-maker saw Mudukuti by his gate.

The court heard that Musakwa confronted Mudukuti and threatened to kill him with a gun, if he continued to take their matters to the police.

Musakwa reportedly warned Mudukuti that he and his family would be in “serious trouble” if they interfered with functions that he frequently held at his residence.

The threats caused Mudukuti discomfort and he notified the police about the issue.

Musakwa was subsequently arrested.

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