Chibaya who appeared before Magistrate Douglas Chikwekwe on Monday was represented by Reginald Chidawanyika of Chitere and Chidawanyika law firm. He is out on US$50 bail.
“We have applied under section 24:1 of the Zimbabwe Constitution that before his alleged assault case goes for trial we want the Supreme Court to look into how Chibaya was handled by the police as we believe that some of his constitutional rights were violated,” Chidawanyika told Radio VOP.
However the state, through prosecutor Bonface Bwalamanje, told the court that they needed time to respond.
Chibaya allegedly assaulted Lovemore Hungwe, a soldier at Mkoba 18 shopping centre in Gweru. Chibaya was arrested together with his driver, Douglas Mutusva who has become a state witness. The two were detained at Gweru’s most filthy cells at Mtapa Central Police station.
Chibaya’s Lawyer had to apply to the high court to facilitate the Mp’s appearance in court after Chibaya’s spent three days in police cells.
Chidawanyika said his client was coming from a youth forum in Mkoba 20 when they passed through Mkoba 18 shopping centre and Hungwe provoked the MDC youths who were in the Parliamentarian’s car. He said Hungwe
was allegedly assaulted but his client was not aware who had assaulted Hungwe.