adminMashudu Netsianda Senior Court Reporter
A BULAWAYO primary school teacher, who was accused of assaulting a Grade One pupil resulting in the boy accidentally stabbing himself with a sharp pencil in the head, was yesterday discharged at the close of the state case. Bulawayo magistrate Marylin Mutshina ruled that Sibongile Nyathi, 54, of Nketa suburb could not be put to her defence because the state failed to establish enough evidence against her.
“It’s the court’s conclusion that the state case is marred with a lot of inconsistencies and questions that putting Nyathi to her defence is prejudicial as it will serve to bolster the state case,” said Mutshina. “Accordingly the application for a discharge at the close of the state case is granted on the basis that the state has failed to establish a prima facie case against Nyathi.”
Nyathi, who is a teacher at Hugh Beadle Primary School, was facing a charge of assaulting Takundanashe Chinema, 6, for failing to space words in sentences using his finger.
The boy is lucky to be alive after staying for two months with a piece of the pencil in his head which broke off when he was allegedly assaulted by his teacher in March.
In her application through her lawyers, Edzai Matika and Chipo Mahlangu of Munyaradzi Gwisai and Partners, Nyathi argued that the charges were trumped up and meant to tarnish her image.
Prosecuting, Kudakwashe Jaravaza said on March 12 at around 8AM, Nyathi was teaching Takundanashe how to space letters by putting a finger between them to create space.
She got frustrated when the boy continuously failed to grasp the concept resulting in her slapping him. The court heard that in trying to avoid the slap, the boy accidentally stabbed himself with a pencil in the head. He sustained a deep wound and a swollen left right eye was rushed to the United Bulawayo Hospitals (UBH) for treatment.
The victim’s parents reported the matter to Sauerstown police leading to Nyathi’s arrest.
Online Reporter