Musakwa acquitted

HARARE - Musician Elias Musakwa has been cleared of charges of threatening to shoot his neighbour, Kennedy Mudukuti, who had asked him to reduce his radio volume.

Harare magistrate Barbra Mateko acquitted Musakwa at the close of the State case after noting that “no reasonable grounds had been advanced to necessitate the accused person’s conviction.”

Mateko ruled that prosecutor Nyikadzino Machingura had brought a half-baked case before the court, saying there were outstanding witness statements to be recorded.

Musakwa was represented by Victuals Mapepa and Purity Chikangaise.

“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 use to 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.”

Machingura alleged that sometime in September last year, 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 against being a 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, Musakwa threatened to shoot him if he continued to take their dispute to the police.

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

Musakwa was subsequently arrested.

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