Chitungwiza mayor Phillip Mutoti, 44, heaved a sigh of relief last Friday after his domestic violence case filed by ex-wife, Alice Kuvheya, was dismissed for lack of evidence.
BY SOFIA MAPURANGA
In dismissing the matter, provincial magistrate Rekina Dzikiti said Kuvheya (31) had failed to substantiate her claims against the city father.
“It is evident that the duo were having marital challenges, but it was only logical for the complainant [Kuvheya] to provide evidence of the assault to the court considering that the court cannot rely on her testimony only neither can it take as authentic the testimony presented by accused [Mutoti],” Dzikiti said.
“According to the facts presented before this court, the assault occurred in March, but it was only reported four months later. Adding to that, complainant did not produce a medical affidavit to substantiate the claim that she had visited a medical practitioner a day after the assault, neither did she bring forward as witnesses, neighbours, whom she said witnessed the alleged assault.”
A visibly relieved and ecstatic Mutoti told NewsDay after the court ruling that his ex-wife had fabricated the charges because she intended to tarnish his public image.
“I am happy with the outcome of this case. She [Kuvheya] just wanted to fix me, but I am not the kind of person she wanted the world to think I am,” Mutoti said.
Allegations against Mutoti were that on March 14 this year he had a misunderstanding with Kuvheya after accusing her of stealing $50 from their matrimonial home.
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In the ensuing melee, Mutoti stormed out of the house and headed towards the gate with Kuvheya in hot pursuit. Mutoti then turned back and charged towards her.
He allegedly dragged her into the house slapped, punched, kicked and choked her before their security guard, only identified as Mutambirwa, intervened to save her.
Kuvheya said she sustained injuries on her chest and ribs and consulted a doctor a day later.
She then made a police report in July, after Mutoti allegedly continued threatening to kill her.
