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“I Found him half nak3d with my wife” Man tell court

Published

3 years ago

November 4, 2020

Two Kwekwe siblings are not seeing eye-to-eye following a row over control of a family house.

One of the siblings, James Banda, has since hauled his brother Charles before Kwekwe magistrate Mildred Mutuvi seeking a protection order against him.

James told the court that his younger brother Charles was in the habit of insulting him as well as making violent threats.

“I found him half-naked with my wife and he claimed he was sick and needed assistance from her. “He takes advantage of the fact that we share the house and it does not belong to either of us.

Since the day I found him with my wife, he has been insulting and cursing me for questioning his actions and he wants us to move out and leave the house to him.

“He has also been inciting bad behaviour to the kids and it’s not good for the kids,” said James.

James pleaded with the court to help him live in peace or order him to be evicted from the house “His behavior towards my wife and my children forced me to come and seek a protection order.

“He should not bar me from accessing the house because neither one of us is the owner,” he added.

Charles did not oppose the application, but opposed the other factors which his brother incited against him.

“I would never do anything to harm my brother, but the only problem separating us now are the wives who are inciting violence between us: he explained.

Presiding magistrate Mildred Mutuvi granted the order in favour of James. Charles was ordered not to physically or verbally abuse his brother, not to harass him and not to stop him from accessing the family house.

He said this while cross-examining the investigating officer, Detective Chief Inspector Michael Chibaya, during Rushwaya’s bail application.

Rushwaya is appearing before Harare regional magistrate Mr Ngoni Nduna along with Pakistani business tycoon Ali Muhamad, State security agents Stephen Tserai and Raphios Mufandauya, and miner Gift Karanda.

They are facing allegations in various groups of smuggling, illegal possession of gold, criminal abuse of office and obstructing the course of justice.

“The bag was similar to another bag which she was about to carry out of the country. The wrong bag was put into her vehicle and she did not have the knowledge of the contents that she took to the RGM Airport and she realised this at the point the scanners revealed that there was gold. Will you dispute that the investigating officer, one Bruno Chiketo, captured this aspect which is critical to her defence when she interviewed first accused (Rushwaya) upon her arrest at airport,” asked Mr Dzvetero.

Detective chief inspector Chibaya could not dispute the averments saying: “Yes, she could have indicated that.”

Mr Dzvetero went on to say that Rushwaya’s arrest has since been politicised.

“My client is now being played a political victim which explains why once a simple matter was transferred to Law and Order. We hear of name dropping of the First Family and it has now political connotations,” he said.

Mr Dzvetero distanced Rushwaya from the commercial invoice bearing the name of Ali Muhamad’s company, Ali Japan 786 Limited, that the State says was found in possession of Rushwaya upon her arrest at the airport.

He said the document was manufactured.

“She denies ever having given anyone a document that was said to belong to Ali. Without you having seen it you are uncertain to tell the court whether it forms the exhibit. The commercial invoice is a cooked up document which is being used for political expedience,” said Dzvetero.

Detective chief inspector Chibaya in his response said police compiled facts from witnesses’ statements which pointed out that the documents were recovered from Rushwaya upon her arrest.

“There are many witnesses we recorded statements from. There are some police officers arrested for having connived with accused persons to alter some information to the advantage of the accused persons. It was like we were starting investigations. I interviewed first investigations officer (Bruno Chiketo) when she (Rushwaya) indicated that the gold was not hers and it belonged to Ali which was further supported by documents in Ali’s name,” he said.

Answering to why the matter was being handled at the Law and Order unit instead of the Minerals Flora and Fauna Unit and whether her permit was of importance to the case of illegal possession of gold, Detec Chief Insp Chibaya said: “That is an administrative question that should be dealt with at Police General Headquarters.

“I feel this document (commercial invoice) will be of no importance to Rushwaya because there are conditions set and given by the issuing authority as to how the holder should deal with the gold.

“I have never seen where it is written giving permission for one to take it for export without RBZ authority taking into cognisance the place where she was arrested.”

The hearing continues today.

Meanwhile, two police officers, Douglas Shoko and Paul Chimungu, who are being accused of failing to arrest Ali Muhamad and altering his statements that implicated him in the smuggling deal, were denied bail.

Deputy chief magistrate Mrs Bianca Makwande denied the duo bail saying they were likely to interfere with witnesses. They are expected to appear in court on November 16 for routine remand.

Shoko and Chimungu are charged with criminal abuse of office.