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Sharon Buwerimwe, Court Reporter
A POLICE officer stationed at Magwegwe Police Station in Bulawayo heaved a sigh of relief when he was acquitted of allegedly breaking a woman’s arm after accusing her of hiding a suspected fugitive in her house.
Brian Mugandi (31), who was with three other cops — Mr James Runesu, Mr Luzibo Kasondela and Mr Nkosilathi Khumalo — went to look for Norman Zikhali, an ex-convict, at his ex-wife Ms Sitshengisiwe Sibanda (46)’s house in Old Magwegwe suburb.
Ms Sibanda told them she did not know his whereabouts and Mugandi allegedly assaulted her.
West Commonage magistrate Ms Tancy Dube said the State failed to prove that Mugandi broke Ms Sibanda’s arm.
“In coming up with the judgment, the court considered evidence that was presented and it’s clear that Mugandi didn’t commit the alleged offence. Ms Sibanda broke her arm when she hit herself against burglar bars as she was resisting arrest. They are therefore acquitted and discharged,” said magistrate Dube.
Prosecuting, Mr Tapiwa Solani had said on May 31 this year at around 9AM, Mugandi allegedly broke Ms Sibanda’s arm by twisting it.
“Mugandi assaulted Ms Sibanda by slapping her thrice on her face and twisted her arm intending to cause her bodily harm,” he said.
Ms Sibanda testified that police officers asked to search her house for her ex-husband and she told them she did not know about Zikhali’s whereabouts.
“I told them that I no longer stay with Zikhali as he is now my ex-husband and while Constable Runesu requested for my details, his colleague Constable Mugandi started assaulting me saying that I was hiding a fugitive that the police were looking for,” she said.
“As a result of the assault I sustained a broken arm and the police officers also proceeded to handcuff me and took me to the police station.”
The court heard that at Magwegwe Police Station, an ambulance was called to ferry the complainant to Mpilo Central Hospital for medical assistance.
Ms Sibanda said Mugandi did not mention at the hospital that he had broken her arm but lied that he was assisting her. A report was made at Magwegwe Police Station leading to the arrest of Mugandi. – @sharonbuwe
Online Reporter