False start to Air Force of Zimbabwe pilot's trial

THE trial of an Air Force of Zimbabwe pilot Tashinga Musonza (29) who is accused of brutally murdering his girlfriend Miss Lucy Duve (32) in a crime of passion late last year, failed to kick off on Monday at the Gweru High Court after his lawyer applied for the matter to be referred to the Constitutional Court.

Musonza allegedly killed Duve, a lawyer that was based in Gweru, after accusing her of cheating on him. His lawyer Mr James Makiya of Makiya and Partners said they were applying to have the matter referred to the Constitutional Court because they wanted to challenge the existence or presence of assessors on the High Court bench.

"We apply that the matter be referred to the Constitutional Court for purposes of challenging the issue of assessors. The assessors should not be part of the bench because there is no provision for them in the High Court Act," said Mr Makiya.

Chief Public Prosecutor for the Midlands province Mr Samuel Pedzisayi, said the State was not opposed to having the matter remanded to next month because the Gweru High Court Circuit had no time for such challenges and arguments.

"This is a High Court Circuit which only has 10 days and already half a day has been lost due to the official opening procession. So I have liaised with my colleagues at Bulawayo High Court and the matter can be heard on 19, 20 and 22 February," he said.

Bulawayo High Court judge Justice Thompson Mabhikwa sitting at the Gweru High Court Circuit ruled that Musonza's trial be remanded to February 19 at the Bulawayo High Court.

"The matter has been remanded to the Bulawayo High Court following an application made by the defence council to have the matter referred to the Constitutional Court. The accused is remanded in custody to February 19," said Justice Mabhikwa.

Musonza allegedly fatally assaulted Duve who was working for a local non-governmental organisation (NGO) accusing her of cheating on him with his colleague. It is the State's case that on November 25, Musonza went to their lodgings around 10pm and found Ms Duve asleep. He accused her of cheating on him with his colleague.

The two drove to the airbase since Musonza wanted the matter clarified. They woke up Ms Duve's alleged lover who denied being in a relationship with her.

Musonza got furious and started assaulting Ms Duve.

His colleague tried to restrain him but was overpowered and he ran away from the scene to seek assistance from fellow colleagues. Upon their return they found Ms Duve lying unconscious in a pool of blood.

Musonza later drove Ms Duve to Clay Bank Hospital in the company of two of his colleagues and another female who is said to be Ms Duve's friend. She was pronounced dead on arrival at the hospital leading to the arrest of Musonza.

A post mortem report showed that Miss Duve had a fractured skull, blood clots in her brain and that her lungs were affected by the attack among other injuries.

The Minister of Justice, Legal and Parliamentary Affairs Minister, Ziyambi Ziyambi, together with Minister Local Government, Public Works and National Housing July Moyo visited the Duve family in Bulawayo, to console the family.

Ziyambi said Government doesn't condone violence against women and also assured Duve family that justice will prevail.