Medical doctor attackers granted bail

TWO brothers who were seen in a viral video allegedly punching and kicking a medical doctor appeared before Bulawayo Senior Regional Magistrate Mr Mark Dzira for a bail application, and were granted.

Prince Mugwagwa and his brother Nigel are represented by their lawyer, Mr Simbarashe Innocent Madzivire of Mashayamombe Law Firm.
Prosecutor, Ms Siphiwe Mhlanga, opposed the bail application, stating that the accused were a flight risk.

“They were on the run and had to hand themselves to the police after the media spread the message that they were being sought,” she said.
“Due to that, they can flee. They committed a serious crime and, looking at the severity of the crime, they can flee. They had to hand themselves to the police after pressure mounted on them,” said Ms Mhlanga.

Mr Madzivire argued: “There is no evidence that they wanted to flee but relied on social media, and the State submitted that they handed themselves to the police after their images were circulated on social media.

“The matter is not supposed to be on social media, the State relied on social media and did not put the police officer who arrested the accused persons to testify.

“The complainant is recovering well and today was in attendance, contrary to reports that he is in hospital. It is a constitutional right to be granted bail, and so this one is not an exception.”

In his ruling, Mr Dzira granted the pair bail under the following conditions: that they each pay US$200 and must not interfere with State witnesses. They were told to reside at the address they supplied to the court and to report once every Friday at Tshabalala Police Station.

The matter was postponed to Wednesday. Ms Mhlanga told the told the court that on 05 April this month the Mugwagwa brothers were at Cotton Kraal Bar situated at Bradfield Shopping Centre and had a misunderstanding with Mkhonzeni Sibanda (40).

“They had a misunderstanding over an undisclosed issue. In the midst of that, Prince grabbed the complainant by the collar and rained fists on him. They kicked him all over the body with booted feet. The Mugwagwa brothers were joined by two other unidentified men, who are on the run, in punching and kicking him,” said Ms Mhlanga.

The complainant was rushed to hospital for medical attention. A medical affidavit will be produced in court as an exhibit.