Bid to overturn magistrate’s decision at chief’s court fails
A DESPERATE bid by a Rusape man to overturn a magistrate’s court’s decision at a community court flopped last week after the court threw out his application.
An application by Dennis Muchabaiwa for physical assault and verbal insult against Attony Howland, a commercial farmer, hit a snag after Chief Makoni’s community court established that Howland was acquitted of assault charges at the Rusape Magistrates’ Court.
Muchabaiwa wanted US$5 000 from Howland, whom he accused of punching him, and insulting his late mother after a scuffle at Lions Head Farm along Silverbow Road.
“I was driving alone in my vehicle. When I approached Lions Head Farm, Howland’s car which was being driven by his driver while he was on the passenger seat, hit my rear view mirror and pulled over.
“I confronted him over the issue and he suggested that we call the police. When we were waiting for the police’s arrival, he became aggressive and punched me several times on the face. I fell down and rolled under my car.
“When I woke up, he struck me, and I rolled under my car again. He hurled insults at me.
“He also shouted unprintable words about my late mother. I reported the matter to the police and Howland was charged,” said Muchabaiwa.
He added: “The matter was heard at Rusape Magistrates’ Court, and I warned the court that if they do anything sinister I will take up the matter with this court. Howland assaulted me, but the court said he is innocent.”
Howland told the community court that Muchabaiwa was the one who was recklessly driving.
He produced the acquittal outcome before the community court.
“He was driving in front of us and his vehicle was swaying from one side to the other.
“He appeared drunk. I instructed my driver to overtake him, and Muchabaiwa claimed that we hit his rear view mirror. We stopped and inspected his car, but we could not locate any scratch and his rear view mirror was intact.
“I questioned him why he was driving under the influence of drugs.
“He claimed that I am a bad driver because I have one arm and I became angry.
“I shouted back at him, but never insulted him or his mother. He reported the assault case to the police, but I was acquitted at the criminal court,” Howland said.
In its ruling, the court noted that Muchabaiwa’s case was defective as his application for damages was actually an appeal of the magistrate’s court’s decision to acquit Howland.
He was advised to appeal against Howland’s acquittal at the High Court.
“The magistrate court is a superior court to the community court.
“This court cannot reverse the decision made by a magistrate as it does not have jurisdiction over criminal cases. If Howland was convicted of assault, Muchabaiwa stood a chance of suing him at this court.
“This case is before a wrong court. Muchabaiwa if you are aggrieved, take your appeal to the High Court. There is no order on costs,” ruled the court.