Kambarami, Chigora seek discharge in 'assault' case

THE trial of Bulawayo Deputy Mayor Councillor Tinashe Kambarami who is jointly accused with Ward Four Councillor Silas Chigora for allegedly assaulting the Town Clerk Mr Christopher Dube resumed yesterday with the defendants seeking discharge at the close of the State case.

Kambarami and Chigora are accused of assaulting Mr Dube while serving him with a letter of suspension last month. They are denying the charges, arguing that they were fabricated. They appeared before Bulawayo magistrate Mr Tinashe Tashaya facing assault charges.  

Kambarami and Chigora, who are on $100 bail, through their lawyer, Mr Maqhawe Mpofu of Samp Mlaudzi and Partners, intend to apply for discharge at the close of the State case.  They are arguing that there was no evidence linking them to the charge.

The magistrate gave their lawyer up to August 14 to make written submissions for the application of discharge. Mr Tashaya postponed the matter to August 16 for ruling.

"The accused persons went to the complainant's office with intentions of giving him a suspension letter. Soon after handing down the letter, the complainant became aggressive and verbally attacked the accused persons," said Mr Mpofu.  

In his testimony, Mr Dube alleged Cllr Kambarami and Cllr Chigora stormed into his office 'movie-style' and assaulted him with open hands, fists and kicked him. He said a senior security officer Mr Tobias Dube and Makhosi Tshalebwa came to his rescue before Kambarami and Chigora sought reinforcement from fellow councillors.

"Your Worship when the two assaulted me it was just the three of us in the office. Dube and Tshalebwa came to my rescue after about a minute or two.  

"From the spontaneous way the events folded out, I felt like this was a planned thing with the intention of embarrassing me in front of my subordinates," said Mr Dube.

In cross-examining Mr Dube, Mr Mpofu challenged the authenticity of his testimony, arguing that it differed from an account given by Messrs Tobias Dube and Tshalebwa in their statements. Mr Mpofu also challenged the inconsistencies between the statement the complainant gave to the police and his evidence in court.  

"Your Worship these are just fabricated allegations. Both statements which were recorded by the police as a form of assisting the State with investigations to the matter do not mention anywhere that there was physical contact between my clients and the complainant," said Mr Mpofu.

"In both statements, the potential witnesses to this case show that my clients sought senior security officer Mr Tobias Dube, Mr Tshalebwa and the Chamber Secretary before proceeding to the complainant's office.

"They were never alone with him in the office. This thus nullifies the possibility of the three being alone resulting in the alleged assault."

Prosecuting, Mr Leonard Chile said on July 11 at around 2.30PM the accused persons went to Mr Dube's office at the City Hall with intentions of giving him a suspension letter from his town clerk duties.

"The two councillors were in the company of other councilors namely Felix Maka,Clayton Zana, Tawanda Ruzive, Pilate Moyo, Lillian Mlilo, Batirayi Dube and Jabangwe. As they handed over the suspension letter to the town clerk, an argument broke out between them as the town clerk refused to abide by the suspension letter," Mr Chile said.

He said the argument resulted in Clr Kambarami and Clr Chigora teaming up and assaulting Mr Dube all over the body using fists, open hands and booted feet. The other councilors who were present assisted in shoving the complainant out of office.

The prosecutor said the complainant sustained injuries due to the assault and was referred to hospital where a medical report was compiled.  

Mr Dube, through his lawyers Ncube and Partners, then filed an application for a declaratur at the Bulawayo High Court seeking an order declaring his suspension by Clr Kambarami null and void.