daniel chigunwe
Chief Court Reporter
IBBO Mandaza Jnr is seeking exoneration from charges of allegedly assaulting his former wife.
He cites the prosecution’s failure to provide sufficient evidence to secure a conviction.
Mandaza Jnr is currently on trial at the Harare magistrate’s court for allegedly beating his former wife, Ms Tyler Rubenstein (37), on Christmas Eve last year.
He has denied the charge.
Following the prosecution’s presentation of evidence, Mandaza Jnr, is now requesting the court to acquit him at the close of the State’s case.
In his application for discharge, Mandaza Jnr, through his lawyers, Zigomo and Musarira Law, argues that the prosecution has failed to produce evidence on which a reasonable court, acting carefully, might convict him.
“The State’s case is confusing and contradictory, making it so discredited or manifestly unreliable that no reasonable court could safely act upon it,” the lawyer contends.
“It would be grossly unjust to require the accused to present a defence.”
According to the State’s papers, Mandaza Jnr is alleged to have committed the offence of physical abuse, but the specifics of this alleged abuse remain unclear.
Initially, the allegations claimed he pushed the complainant, later, it was stated that he assaulted her with open hands multiple times on her face and arms.
On the balance of probabilities, the lawyers argue that the accounts of the incident are dubious at best, and mendacious at worst.
The court has yet to make a ruling on this application.
Siphakeme .Mnindwa
shloboe boe
