TWO Zanu PF State witnesses yesterday contradicted the statements recorded by the police in a case in which Citizens Coalition for Change (CCC) candidate Patrick Cheza in last year’s elections is alleged to have torn a counter book belonging to a ruling party member.
It is alleged that in May last year, Cheza, who was in the company of his driver Christopher Mutoboni, arrived at a school in Chirumanzu and confronted Julius Kunodziya, a Zanu PF member.
Cheza allegedly grabbed a book he was holding and tore it.
But during cross-examination by defence lawyers Esau Mandipa and Leopold Mudisi, Kunodziya and another State witness Alistar Chakanyuka narrated versions that differed from the statements they gave the police at the time of the alleged incident.
The lawyers said when Kunodziya gave his statement to the police he alleged that Mutoboni was not in the vehicle. However, during cross-examination he said Mutoboni was seated in the car.
Kunodziya said Cheza grabbed the book he was holding and tore it before throwing it on the ground.
The defence counsel, however, submitted that Chakanyuka, who was in the company of Kunodziya, told the police that Cheza picked the book from a slab before tearing it.
Chakanyuka was also quizzed as to why he was now telling the court that Cheza said they were Zanu PF fools who were going around threatening people when he did not say so in the recorded police statement.
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Chakanyuka accused the police of omitting some information.
Both witnesses, however, exonerated Mutoboni saying he did nothing on the day in question.
Prosecutor Monica Mungwena closed the State case and submitted that Mutoboni be acquitted because there was no evidence linking him to the alleged offence.
The defence lawyers, however, immediately made an application that Cheza be also acquitted since the evidence brought before the court showed that the matter was trivial.
The State opposed, adding that it would file an application on March 11 opposing Mutoboni’s acquittal.
Provincial margistrate Tavengwa Sangster acquitted Mutoboni, but said he would rule on the defence's application to dismiss charges against Cheza on March 25.
