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Mashudu Mambo
A MAN from Nkayi in Matabeleland North province who used “excessive force” to break up a fight was all smiles after he was acquitted of attempted murder charges.
Victor Sibanda was alleged to have hit Builder Ndlovu with an axe handle when Ndlovu attacked him while he was trying to restrain him from assaulting his brother.
Sibanda appeared before Bulawayo regional magistrate Vivian Ndlovu facing a charge of attempted murder. He pleaded not guilty and was acquitted after the State failed to get enough evidence to convict him.
The magistrate said the medical report showed that the victim sustained a five centimetre cut and the injuries were only visible on the head.
“It is clear from the evidence presented by the state witnesses that Victor came after the victim had been attacked. He came in to stop a fight that was between his brother Ntokozo Sibanda and the victim Builder Ndlovu.
“Ntokozo pleaded guilty to the charges and has since been sentenced, the accused is therefore acquitted of the attempted murder charges,” said Sibanda.
The court heard that on 12 January 2023 at around 5 pm, Ntokozo and Nqabayokulinda Dube went to Ndlovu’s homestead armed with a machete. Ntokozo shouted that he was looking for the troublesome victim and he wanted to finish him off.
He spotted Ndlovu who was in the garden and hit him once on the back with a brick. Ntokozo went on to strike the bedroom door at Ndlovu’s homestead twice with his machete.
Ndlovu tried to restrain him and Ntokozo struck him once on the back with the side of the machete. Dube who was with Ntokozo slapped the victim on the face. Ntokozo went on to strike Ndlovu once on the head with a machete.
Victor came to the scene and allegedly hit Ndlovu once on the back of the head with an axe handle and he fell.
The trio ran away.
A medical report was presented in court as evidence.
Online Reporter