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Danisa Masuku
COLONEL Chance Mkhwananzi who was dragged to court for allegedly striking his employee with a hammer over a salary dispute, heaved a sigh of relief after he was recently acquitted of assault charges.
Mkhwananzi appeared before Western Commonage magistrate, Mehluli Moyo. He pleaded not guilty. After a number of court appearances, the magistrate said there was no evidence and the Colonel had no case to answer.
The magistrate said the evidence was manifestly discredited and a court acting carefully could not convict the accused based on such evidence.
Mkhwananzi’s lawyer, Kholwani Ngwenya, in his submission of a discharge, cited section 198 (3) of the Criminal Procedure and Evidence Act. Ngwenya said the State failed to prove a prima facie against Mkhwananzi. He further said Mkhwananzi never assaulted Arnold Makopa but in fact it was Makopa who assaulted him after they had a fallout.
Ngwenya stated that Makopa could not explain why he reported the case after 10 months and that raised eyebrows. In quashing the accusations levelled against the colonel, he said the state failed to prove the essential elements of the charge. He further said the complainant wanted to give an impression that he was assaulted for being a peacemaker yet he told the investigating officer that he was assaulted for demanding his salary.
It is said that on a date not known by the prosecutor, Mkhwananzi got into a fierce argument with his employee Makopa over salary.
The court heard tempers flared between the pair and in a fit of anger Mkhwananzi allegedly dashed to a storeroom and reached for a hammer, before racing back to the living room.
It is alleged he found Makopa sitting on the sofa and struck him hard on the head, leaving him bleeding and lying unconscious in a pool of blood.
Online Reporter