BULAWAYO – A magistrate said Bulawayo town clerk Christopher Dube submitted “unreliable” evidence as he acquitted two councillors accused of assaulting him.

Deputy mayor Tinashe Kambarami and Ward 4 councillor Silas Chigora had been charged with assault over a July 11 incident in the town clerk’s office when they tried to serve him a letter of suspension.

At the end of the prosecution case, Bulawayo magistrate Tinashe Tashaya said the state had failed to stand up the charges.

“In his evidence, the complainant narrated to the court how he was assaulted and the accused persons denied the charge, saying they only served him with a suspension letter. It is clear and not disputed that the evidence by the two state witnesses was damaging to the state case as they contradicted the complainant’s version,” said Tashaya.

“Clearly, their testimonies did not corroborate with the evidence of the complainant, which in itself was not credible and unreliable.”

Part of the confrontation was captured on video, which went viral on the internet.

Dube told the court that he was slapped, punched and kicked by the two councillors after they stormed his office “movie-style.”

Defence lawyer Maqhawe Mpofu highlighted inconsistencies in the recorded statements of security officers Tobias Dube and Makhosi Tshalebwa with what the town clerk told court.

“These are just fabricated allegations. Both statements which were recorded by the police as a form of assisting the State with investigations to the matter do not mention anywhere that there was physical contact between my clients and the complainant,” said Mpofu.

Magistrate Tashaya said when prosecutors realised the two statements were damaging to their case, they were still supposed to bring the evidence before the court as the process is about prosecution not persecution.

“The State did not call any of these witnesses although they had taken their statements. It is clear and indisputable that these two statements were damaging to the state case as they are contrary to what the complainant was alleging,” said Tashaya.

“The State is supposed to bring to the court any evidence even that which is damaging to its case, but favourable to the accused persons. This is prosecution not persecution.”

Leonard Chile prosecuted.

Meanwhile, Kambarami was allegedly kidnapped last Saturday and had his dreadlocks shaved with broken glass, it has been reported.

The deputy mayor says men he suspects to be state security agents kidnapped him, beat him up and then cut off his dreadlocks.