Harare Magistrate Mr Dennis Mangosi has cancelled a warrant of arrest he had issued against MDC Alliance councillor for Bindura Ward 1, Paradzai Mupingiza who stands accused of killing a reveller during a fight over a woman in a nightclub.
The MDC councilor was issued with a warrant of arrest after he defaulted on March 29. In cancelling the warrant Mr Mangosi said Mupingiza was not in willful default.
He further stated that the default was a genuine error.
Mupingiza’s lawyer Mr Obey Shava of Shava Law Chambers had submitted that they got confused by the practice direction which was issued by Chief Justice Luke Malaba which said he ought to have appeared in court on March 31 and on the other hand the clerk of courts had set the matter to March 29.
It is alleged that on March 21 at around midnight, both Mupingiza and the deceased — Robert Gomana — were at Hub 24 Nite Club at Dzivarasekwa 2 Shopping Centre in Harare, drinking beer.
The court heard that Mupingiza was in the company of two unknown men and a woman. It is alleged that Gomana developed an interest in the woman and he approached her seeking se_xual relations.
This did not go down well with Mupingiza and the two men who then teamed up and assaulted Gomana. The court heard that Gomara was saved by other patrons in the nightclub. It is the State’s case that Gomana was rushed to Rujeko Clinic, Dzivarasekwa for treatment and was referred to Parirenyatwa Group of Hospitals, where he was admitted.
Gomana died three days later due to injuries he sustained from the assault and a report was made to the police leading to the arrest of Mupingiza.