A Harare woman has been fined US$150 for attacking her ex-husband whom she accused of giving her a phone that had a picture of a nude person in its gallery.
Magistrate Gamuchirai Gore has convicted Tyler Roxanne Rubenstein (37) for assaulting her ex-husband Ibbo Mandaza Junior on Christmas eve last year.
Rubenstein escaped jail after Gore considered that she was a first offender, a primary caregiver and gainfully employed.
“From the evidence led, one can only draw the inference that it is the accused person who went to the complainant's parents’ place to cause trouble,” the magistrate noted in her ruling delivered in April 2022.
“In the end, she is the one who started physically abusing the complainant. The court finds her guilty as charged.”
In her judgement Gore noted: “One cannot be faulted to formulate the opinion that it was the accused person who harboured the intentions to cause trouble.
“This explains why two witnesses confirmed that she was the one who was shouting insulting words on top of her voice when she came to collect the child.
“It would not be wrong to infer that the mere fact that the accused started shouting unprovoked means she had it all planned.”
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“ If the accused was not shouting the second state witness would have no reason to be alarmed under the circumstances she should have continued reading her book.”
The court noted that Mandaza was a credible and competent witness.
Mandaza stated that on the day in question, he had taken groceries and gifts, including the disputed cell phone handset to Rubernstein’s house.
Later, Rubenstein messaged him, expressing anger over the phone and informing him that she would return it. When she arrived at his residence, she began shouting and acting aggressively.
He maintained that he did not assault her but rather attempted to avoid confrontation. He said she ripped his shirt, slapped him multiple times, and physically attacked him.
Mandaza presented photographs of his injuries, including scratches on his left ear and bruises, which were supported by a medical affidavit.
He also referenced a previous incident in 2021, where the complainant had allegedly thrown boiling water at him, suggesting a pattern of violent behaviour.
His mother Diana also testified against Rubenstein.
The conviction and sentencing came after Rubenstein lost a case where she was suing Mandaza for allegedly assaulting her.
She claimed that she was assaulted by Mandaza during an altercation at his residence in the presence of their two-year-old son.
Rubenstein claimed that the dispute arose when she returned a second-hand cell phone given to her by Mandaza alleging that it contained a nude picture.
She said when she arrived at Mandaza’s residence, they engaged in a conversation that became heated.
Rubenstein claimed Mandaza pushed and shoved her against the gate, and threw their son into her arms while trying to close the gate.
She also claimed that she sustained bruises on her right shoulder as well as injuries on both knees, which was documented in a medical affidavit.
Harare magistrate Ayanda Dhlamini set Mandaza free at the close of the state case last month after uling that Rubenstein’s testimony was not only inconsistent, but also not collaborated.
The magistrate also ruled that it was evident that Rubenstein was the one who assaulted her ex-husband.
Mandaza had vehemently denied assaulting Rubenstein, insisting that he was instead, the victim of assault by his ex-wife.
