MASVINGO - Darlington Chiwa, Zanu PF legislator for Chiredzi West constituency, yesterday appeared before a Masvingo magistrate facing charges of assaulting a Triangle man in a farm wrangle.
Chiwa, 40, appeared before Masvingo magistrate Dorothy Mwanyisa facing charges of contravening a section of the Criminal Law Codification and Reform Act.
He faces charges of assaulting Nicholas Ngorima at Turkey Heart Farm in Triangle in December 2012.
Chiwa, who is denying the charges, arguing the case was fabricated by his political rivals in Zanu PF, has since applied for the matter to be tried in another province.
His lawyer, Charles Ndlovu told magistrate Mwanyisa that his client was not comfortable being tried in Masvingo.
“Your worship there were a lot of irregularities and wrong procedures taken by the investigating officers and some interested parties before the case appeared in court,” Ndlovu said in his submissions to magistrate Mwanyisa.
“The investigating officers have conceded to the fact that they held several meetings with the magistrates and prosecutors before the case was heard.”
Mwanyisa deferred the case to April 28, while looking to make a determination on whether to have his case referred to another province.
Prosecutor Makita Chikamhi told the court that on November 28, 2012, Chiwa committed the offence after he visited Turkey Heart Farm in the company of two friends.
The court heard that on arrival at the farm, Chiwa allegedly ordered Ngorima to stop farming and vacate the farm.
It was further alleged the two exchanged harsh words, leading Chiwa to grab Ngorima’s collar before assaulting him.
Ngorima allegedly reported the matter at Triangle Police Station, leading to the arrest of Chiwa.
The trial however, failed to kick off over the past years after Chiwa’s lawyer successfully applied for the matter to be heard in Masvingo citing meetings that were carried out by Chiredzi magistrate Langton Ndokera and prosecutor Edwin Mbavarira.
Chiwa’s lawyer argued the two court officials were interested parties after they held several meetings with investigating officers and some unknown politicians to nail his client.
They further applied yesterday for the case to be heard in another province after magistrate Ndokera was transferred to Masvingo where he now heads the Provincial Magistrate Courts.