News / National
Former MDC-T MP convicted for death threats against Nyarota
28 Aug 2013 at 04:47hrs | Views
Former MDC-T House of Assembly member for Makoni South Pishai Muchauraya, who threatened his political contender Geoff Nyarota and the party's treasurer for Women's Assembly in the same constituency with death, was yesterday convicted and fined US$200 (or 20 days in prison).
Muchauraya threatened Mr Nyarota and Ms Sophia Chibayambuya after phoning them using a private number.
Muchauraya had pleaded not guilty to two counts of threatening to commit murder when he appeared before Harare magistrate Mr Tendai Mahwe.
Mr Mahwe convicted him due to overwhelming evidence linking him to the offence.
In passing the sentence, Mr Mahwe said Muchauraya held a position of authority which he should have used to act with maturity.
Mr Mahwe said his previous conviction was now too old to be considered in the new matter.
In aggravation, prosecutor Mr George Manokore had argued that threats on human life were serious and called for a sentence that would deter him from committing a similar offence.
"He (Muchauraya) was not a first time offender and had a previous conviction. A fine would trivialise the case and dent the public's confidence in the country's judicial system," he said.
In mitigation, Muchauraya's lawyer Mr Tonderai Bhatasara pleaded with the court to consider a fine and said the offence would not attract a prison term exceeding 24 months and also that a custodial sentence would be a severe form of punishment with catastrophic consequences on him and his immediate family.
Mr George Manokore proved that Muchauraya issued death threats to Ms Chibayambuya on February 25 and around 1pm, using a mobile number that he had never used before in their interaction by phone, and threatened her with death.
He identified himself as 'Honourable Member of Parliament Pishai' and questioned her about people who were distributing Nyarota's fliers.
Chibayambuya told him that she had no knowledge of that, resulting in Muchauraya ordering her to make inquiries.
On February 28, he threatened Mr Nyarota while campaigning ahead of their party's primary elections on February 28.
Muchauraya threatened Mr Nyarota and Ms Sophia Chibayambuya after phoning them using a private number.
Muchauraya had pleaded not guilty to two counts of threatening to commit murder when he appeared before Harare magistrate Mr Tendai Mahwe.
Mr Mahwe convicted him due to overwhelming evidence linking him to the offence.
In passing the sentence, Mr Mahwe said Muchauraya held a position of authority which he should have used to act with maturity.
Mr Mahwe said his previous conviction was now too old to be considered in the new matter.
"He (Muchauraya) was not a first time offender and had a previous conviction. A fine would trivialise the case and dent the public's confidence in the country's judicial system," he said.
In mitigation, Muchauraya's lawyer Mr Tonderai Bhatasara pleaded with the court to consider a fine and said the offence would not attract a prison term exceeding 24 months and also that a custodial sentence would be a severe form of punishment with catastrophic consequences on him and his immediate family.
Mr George Manokore proved that Muchauraya issued death threats to Ms Chibayambuya on February 25 and around 1pm, using a mobile number that he had never used before in their interaction by phone, and threatened her with death.
He identified himself as 'Honourable Member of Parliament Pishai' and questioned her about people who were distributing Nyarota's fliers.
Chibayambuya told him that she had no knowledge of that, resulting in Muchauraya ordering her to make inquiries.
On February 28, he threatened Mr Nyarota while campaigning ahead of their party's primary elections on February 28.
Source - herald
