Bulawayo magistrate Maxwell Ncube has refused to drop charges against former Supersport United star Kudakwashe Mahachi who is facing charges of theft. This came after the Warriors star told the caught that the phone in question is actually his hence no need to be charged for breaking his own property.
The troubled footballer was arraigned to court for allegedly stealing his sister’s iPhone XR before smashing the gadget to destroy evidence that links him to a crime of child abuse.
Mahachi represented by Nkosiyabo Sibanda from Tanaka Law Chambers, had filed an application demanding the charge of theft to be dropped.
He argued that the gadget in question belongs to him despite his sister Melene being the owner as according to state case.
“It is the defence’s submissions that the property the accused is alleged to have stolen, that is an iPhone XR belongs to the accused and as such renders the charge vague and embarrassing.
The defence further submitted that with the fact that the alleged stolen property belonged to accused, in mind the charge against the accused should fall away,” argued Runganga.
The State objected to the application averring that the issue of ownership of the property in question being raised by the defence is not a ground of excepting to a charge but is a defence to the charge.
Magistrate Ncube dismissed the application as he ruled that “the charge has sufficient details that warrants the accused to plead to it.
“It is ordered that the exception taken by the accused in terms of Section 171 of the Criminal Procedure and Evidence Act Chapter 9:07 be and is hereby dismissed.”
