Jerard Matute (40) of Kudu Inn Sports Bar pleaded guilty to assault charges when he appeared before Harare magistrate Mrs Sandra Mupindu.
Mrs Nhau sentenced him to three years imprisonment of which one year was suspended on condition of good behaviour.
In passing sentence, Mrs Nhau said Matute’s moral blameworthi- ness was very high as he first used an unbroken bottle to strike his victim before breaking it and hitting him on the back of his head.
She said only a custodial sentence was appropriate.
Prosecutor Mr Moffat Makuva- tsine had called for a stiff penalty arguing that of all the people in the bar, Matute was the one with the responsibility of maintaining order and discipline.
“The assault was uncalled for as the DJ was simply doing his job which is playing music requested by patrons,” he said.
“The fact that he was not pleased with the music should not have resulted in him attacking the DJ as there were other ways of approaching the situation.”
Matute told the court that he struck the DJ following an altercation over his choice of music.
Matute and the DJ, Marvin Mudoku of Mainway Meadows, Harare who is employed as a DJ at Kudu Sports Bar are distant relatives.
The agreed facts were that on New Year’s Day, Matute assaulted the DJ with a bottle in the eye before breaking it and assaulting him on the back of his head.
As a result, Mudoku sustained moderate injuries and he made a police report that led to Matute’s arrest.



