Gappah criticises judge for siding with Mahere in ...

Gappah criticises judge for siding with Mahere in US$50k lawsuit

Zim Now Writer

Lawyer and author, Petinna Gappah has accused Justice Jacob Mafusire of favouring her opponent, politician prominent lawyer Fadzayi Mahere, in a defamation lawsuit.

Gappah is representing herself in the case, in which Mahere is demanding US$50 000 in damages over tweets that Gappah posted about her.

“I need clear instructions on why Mahere is allowed to reference statements I retracted and if I do so I get blocked,” Gappah protested to the judge.

The judge responded: “You don’t seem to appreciate my directive. You’re the one who keeps asking questions that make the plaintiff go back to the same statements. Your cross-examination is all over and I don’t see us finishing. You need to confine your cross-examination to issues raised in evidence in chief.”

Gappah had earlier apologised and retracted her tweets, which Mahere alleged had damaged her reputation and demanded US$1 million. She reduced the amount to US$50 000 this week, citing that Gappah’s apology was insincere.

“Of course I am a lawyer, but because of the perceptions I will be called an unscrupulous lawyer. An apology has been issued and some statements retracted, but the defendant still maintains that the statements are true,” Mahere told the court.

Mahere added: “It is the ‘how I rise’ that was affected. Everyone believes that I cheat my way to the top, that is irreparable harm.”

Gappah argued that her statements did not harm Mahere’s career, citing her continued success in law and politics.

“She was appointed spokesperson for MDC Alliance and Citizens Coalition for Change respectively, despite what I said about her. She was also elected as a legislator for Mt Pleasant constituency among other achievements,” Gappah said.

The judge adjourned the case indefinitely, stating that the proceedings had become a “farce”.

Gappah will file her closing submissions on June 17, while Mahere will file hers by July 1.