Online Reporter
Weekender Reporter
A MUTARE businessman and three accomplices accused of fatally assaulting a suspected cellphone thief in 2022, were this week convicted of lesser charges of culpable homicide and assault respectively.
Daniel Magaisa, the proprietor of Dhunza Night Club in Dangamvura, along with bar patron, Kuda Chineuriri, club security guard, Blessing Makore and another individual only identified as Wale, appeared before Mutare High Court Judge, Justice Isaac Muzenda earlier this week.
The four were initially facing murder charges in connection with the death of Ashly Mbengani (26), popularly known in the Dangamvura community as “Gaka.”
However, the charges were reduced to culpable homicide and assault respectively.
Magaisa was convicted of assault and sentenced to one month in prison, with the option of paying a US$300 fine.
His co-accused — Chineuriri, Makore and Wale — were found guilty of culpable homicide and each received a three-month prison sentence or the option to pay a US$1 000 fine.
Prosecutor, Ms Tinashe Katsiru represented the State.
The incident occurred on November 22, 2022 at Boka Complex in Dangamvura.
Chineuriri, who was drinking beer at the night club, allegedly accused Mbengani, a local tout of stealing his cellphone.
According to the police report, Chineuriri allegedly apprehended him and handed him over to Makore, the night club’s security guard.
Makore reportedly handcuffed Mbengani, and took him to the back of the club, where he and Chineuriri allegedly took turns to assault the victim using open hands, an iron bar and a wooden log.
Magaisa and Wale are said to have later joined in the assault.
The police report further stated that the group allegedly left Mbengani unconscious behind the establishment.
Hours later, at around 7.30 am, Magaisa’s employee, Venenzia Mapuranga, discovered Mbengani’s lifeless body leaning against a wall at the rear of the building.
The body had visible injuries, including a cut on the right ear, a swollen right hand, a bleeding wound on the lower left leg, and bruises across the body.
Following police investigations, Makore implicated Magaisa, Chineuriri, and Wale as co-perpetrators in the fatal assault.
