Mathew Masinge
MAI TT served THREE months for absconding community service in 2015 during her recent time at Chikurubi Female Prison.
This was revealed by her lawyer yesterday following enquiries from H-Metro.
The comedienne was serving an effective nine-month sentence, including three months for absconding community service in 201.
She has been convicted for domestic violence.
The sentence ran concurrently with an effective six months for theft of trust property, for using a hired car as collateral, for a loan.
Mai TT was sentenced to 12 months for theft of trust property in June, with six months being suspended on condition of good behaviour.
Now, that her appeal against conviction and sentence in the theft case was upheld, questions have been asking whether she is still accountable for defaulting community service.
She only performed 19 of her required 105 hours, for which the Magistrates’ Court imposed a three-month sentence for the default.
Mai TT’s lawyer, Tafadzwa Muvhami, said Mai TT’s sentences ran concurrently.
“My client was ordered to serve her sentence, on defaulting community service, as an alternative.
“The three-months jail term ran concurrently with the effective six-months for theft.
“She has already served the three months and then continued to serve the sentence for theft, which she has appealed, and the court has set aside her conviction and sentence,” said Muvhami.
The lawyer said they had to wait for the three months to lapse so that they could appeal against her conviction for the theft charge
“Ordinarily, when a litigant defaults on a court order, any appeal falls off, so in this case Mai TT had to serve the three months from her earlier conviction.
“She also had to serve the six months without an option of community service, hence her appeal could not be heard earlier,” said Muvhami.
He said he based his arguments around Mai TT’s conviction leaving out the sentence which automatically fell away when it was upheld.
He successfully argued that Mai TT had no intention to permanently deprive Rachel Mhuka of her US$10 000 or Else Event Car Hire.
Under normal circumstances, Mai TT was likely to be released in the middle of next month.