News / Local
Woman takes on police over ex-hubby trial delay
05 Mar 2022 at 08:18hrs | Views
A HARARE woman has filed a complaint against the police for delaying prosecution of her alleged abusive ex-husband, a deputy director in the Finance and Economic Development ministry.
Grace Musa (32) accuses her ex-husband, Itai Munaki, of using his position to slow down the court processes in a domestic violence case.
Musa reported a domestic violence and violation of a protection order case to the police in December 2021, only to discover that the police had omitted the violation charge, which the court ordered to be included.
To date, the matter has been deferred three times following discovery of omissions on the charge sheet and other technicalities.
On the second appearance, the police reportedly failed to serve the accused with court papers saying he was not available.
On January 10, a prosecutor at the Goromonzi Magistrates Court told her the docket was not properly prepared.
"I would ask Ruwa police on how far they were on the docket and they told me that the docket was sent to Goromonzi Magistrates Court. When I got to Goromonzi, they told me that they never saw anything, which means Ruwa police sat on the papers," Musa said.
On February 14, she attended court together with witnesses, only to discover the accused had not been served with summons since January 26.
"On February 24, I went back to court and the accused's lawyer said the warned and caution statement was wrong, stating that the charge that was written was physical abuse while the actual charge should have been violation of the protection order," Musa said.
"This has been happening for a long time and I sense connivance between my husband and the police. All these technicalities are being caused by Ruwa police, who are being paid by Munaki to avoid court so that I won't get justice. If he is innocent, why is he causing all this unnecessary drama?"
She also accused her ex-husband of influencing the court's decision for him to pay a paltry $160 for the maintenance of his two children.
Contacted for comment, Munaki said: "Go ahead and report whatever you want to report and I'll sue you."
Harare provincial police spokesperson Inspector Tendai Mwanza denied allegations that police were stalling progress in the case, saying they were only complying with instructions given by the courts.
"It was not a delay, but the process where the prosecutor was going to give the go-ahead knowing that it had some facts that it needed."
Grace Musa (32) accuses her ex-husband, Itai Munaki, of using his position to slow down the court processes in a domestic violence case.
Musa reported a domestic violence and violation of a protection order case to the police in December 2021, only to discover that the police had omitted the violation charge, which the court ordered to be included.
To date, the matter has been deferred three times following discovery of omissions on the charge sheet and other technicalities.
On the second appearance, the police reportedly failed to serve the accused with court papers saying he was not available.
On January 10, a prosecutor at the Goromonzi Magistrates Court told her the docket was not properly prepared.
"I would ask Ruwa police on how far they were on the docket and they told me that the docket was sent to Goromonzi Magistrates Court. When I got to Goromonzi, they told me that they never saw anything, which means Ruwa police sat on the papers," Musa said.
"On February 24, I went back to court and the accused's lawyer said the warned and caution statement was wrong, stating that the charge that was written was physical abuse while the actual charge should have been violation of the protection order," Musa said.
"This has been happening for a long time and I sense connivance between my husband and the police. All these technicalities are being caused by Ruwa police, who are being paid by Munaki to avoid court so that I won't get justice. If he is innocent, why is he causing all this unnecessary drama?"
She also accused her ex-husband of influencing the court's decision for him to pay a paltry $160 for the maintenance of his two children.
Contacted for comment, Munaki said: "Go ahead and report whatever you want to report and I'll sue you."
Harare provincial police spokesperson Inspector Tendai Mwanza denied allegations that police were stalling progress in the case, saying they were only complying with instructions given by the courts.
"It was not a delay, but the process where the prosecutor was going to give the go-ahead knowing that it had some facts that it needed."
Source - NewsDay Zimbabwe