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Raymond Jaravaza
Highlanders FCa��s assistant coach Amini Soma Phiri is allowed to say the above words because the Bulawayo High Court has set aside a judgment that had been made against him in a case of criminal insult.
For the offence defined in section 95 (1) of the Criminal Law (Codification and Reform) Act Chapter 9:23 Phiri was fined $80 or 20 days in prison on default.
In 2014 Phiri was found guilty of insulting a Highlanders FC supporter Jothan Ndiweni.
Charges against Phiri are that he had insulted Ndiweni by saying a�?go away, you are mad, your anus and you are sicka�� in IsiNdebele.
The two had been involved in an altercation at the Highlanders Sports Club after a Premier Soccer League match in which Highlanders had lost to Dynamos.
Ndiweni and Phiri are said to have been discussing the results of the football match and the former said that although Bosso had lost, at least they had scored a goal to which the latter shoutedA� the profanities in IsiNdebele The matter was then reported to the police leading to Phiria��s arrest and subsequent appearance in court.
He, however, pleaded not guilty but was convicted and sentenced by the magistrate after overwhelming evidence that he committed the offence was submitted.
Phulu and Ncube Legal Practitioners argued that their client Phiri had not uttered the words in question.
The matter was heard by Justice Francis Bere.
Justice Bere ruled that there was a reasonable possibility that the appellanta��s (Phiri) defence might be true and that the appellanta��s guilt had not been proven beyond a reasonable doubt thus the conviction and sentence were set aside. .
Online Reporter