A BULAWAYO magistrate on Wednesday dismissed an application for exception filed by Zimbabwe national football team player Kudakwashe Mahachi, who is facing theft charges.
Mahachi (29), represented by Nkosiyabo Sibanda from Tanaka Law Chambers, appeared before Bulawayo provincial magistrate Maxwell Ncube on Wednesday.
Ncube remanded the SuperSport star to today for continuation of trial.
Mahachi argued in his application for exception that the property he is alleged to have stolen belongs to him, in the matter in which his sister, Melene (32), is the complainant.
Prosecutor Karen Gundani and Thompson Hove told the court that on the afternoon of June 13 this year, Melene was called by Mahachi, who had parked his vehicle outside her yard at Mzilikazi suburb.
Mahachi was allegedly in the company of his wife, Rose Mahachi, and friend, Zibusiso Hadebe (35), who was driving the vehicle.
When Melene went to the vehicle, Mahachi requested to use her cellphone to track down his smart phone, which he claimed to have lost.
The State alleges that Mahachi snatched the cellphone from his sister and told Hadebe to start the car engine.
Melene pleaded to have her cellphone back, but Mahachi refused to return it.
He allegedly disembarked from the vehicle and smashed the phone on the ground, claiming he wanted to destroy evidence of photos and videos.
The evidence is alleged to have been showing Mahachi purportedly scalding his four-year-old son with boiling water.
The matter was reported to the police, leading to his arrest.
The value of stolen property was US$400 and nothing was recovered.
In his ruling, Ncube dismissed Mahachi’s application saying the issue of ownership of the property raised by the defence was not grounds for dismissing the charge, but was a defence to the charge.
Mahachi’s lawyer, Sibanda, however, applied for the magistrate to recuse himself in the matter and hand it over to another magistrate.
The recusal was granted.