Online Reporter
Mashudu Mambo
THE long ongoing trial of Douglas Gwanyanya from Sunninghill suburb in Bulawayo who allegedly assaulted a man in a shebeen and left him injured on the right testicle has come to an end after he was found not guilty.
Gwanyanya appeared before Bulawayo magistrate Challenge Mahembe facing a charge of assault. He pleaded not guilty to the charge and was acquitted after a full trial.
In his ruling, Mahembe indicated that from the state witnesses, the complainant was the only one who indicated that he was kicked on the genitals by the accused.
“From the state’s evidence, it should be noted that the accused sustained an injury as there is a medical report which corroborates the witness’ assertion. However, it should be noted that from the evidence, it is only the complainant who indicated that the accused kicked him on the genitals and he sustained injuries.”
Mahembe stated that the State failed to prove its case and found the accused not guilty.
“The witnesses of the accused did not see the accused kicking the complainant yet the event happened in broad daylight. The court shall not burden itself with analysing the evidence of the third witness as he was working on assumptions.
“There is no evidence that the accused kicked the complainant. In other words, the State failed to prove its case beyond any reasonable doubt. The accused is found not guilty and acquitted,” said Mahembe.
State allegations were that on 1 June 2024 at around 5pm, Gwanyanya and Jeffres Hove were at a shebeen when a misunderstanding arose.
This was after Hove told Gwanyanya to stay away from his aunts who were also drinking beer at the shebeen, and the suspect complied.
It is the State’s case that after a while, Gwanyanya approached Hove who was seated, and kicked him once on the genitals and he remained calm.
The suspect was restrained from further assaulting the victim. After 30 minutes, the victim started feeling some severe pains and went home with difficulties.
The next day, at around 5am, Hove woke up to some severe pain, and his testicles were swollen. He was taken to United Bulawayo Hospital where he was informed by doctors that his right testicle was severely damaged and irreparable.
A surgical operation was conducted resulting in him losing the right testicle and he was discharged from the hospital on 13 June 2024.
The matter was reported to the police and investigations were carried out leading to the arrest of the culprit.
However, Hove is appealing for assistance to cover his hospital bills of about US$500 which were incurred as a result of the assault. Well-wishers can contact Hove on 0775 763 497.
