Prosecutor in the dock for assault

Thupeyo Muleya Beitbridge Bureau
Judgment in a case in which Beitbridge area prosecutor Muchiwande Forbes Sithole (35) is accused of assaulting two people and kidnapping another person who was beaten by his three unknown accomplices until he suffered serious kidney injuries, has been set for June 3. The matter proceeded to defence when the presiding magistrate, Mr Collet Ncube, dismissed Sithole’s application for discharge and ruled that he had a case to answer.

Sithole, of 38 Flamboyant Street in the border town, is alleged to have assaulted two men who had allegedly broken into his house and stole property worth R7 300. He is also accused of handing over his car, a Toyota Surf, to three unknown men who beat up the suspect until he nearly died due to kidney injuries.

The area prosecutor denied all the charges when the trial opened before Masvingo regional magistrate Mr Ncube at the Beitbridge Magistrates’ Court. Through his legal representative, Mr Listen Zinyenge of Zinyenge Rupapa Legal Practitioners who is being assisted by Mr Patrick Tererai of Tererai Legal Practice, Sithole argued that the victims were arrested by members of the community through citizens’ arrest.

Sithole said he was a victim of a grand plan to victimise him and tarnish his image. He said the complainants were mere pawns in the game. Masvingo senior prosecutor Mr Elson Chavarika told the court that during the night of September 8 last year there was a burglary at Sithole’s house and an assortment of property, which included footballs boots, grocery items and blankest were stolen.

He said on September 15, Sithole got a tip-off that Clemence Moyo and Knowledge Mike were selling property similar to his at a flea market at Dulibadzimu Terminus. Sithole then identified the football boots which the duo was selling.

A citizen’s arrest was effected. Mr Chavarika said the accused who was in the company of unknown two men then ordered Moyo and Mike into his vehicle and drove to their house. The prosecutor said upon reaching the complainants’ house he assaulted them.

They implicated John Navhaya. Sithole then drove to Navhaya’s house together with Moyo and Mike. He then effected a citizen’s arrest of Navhaya. Sithole and his accomplices allegedly forced Navhaya to tell them where the rest of the stolen property was and he implicated Gabriel Choruwa.

The State further alleges that the prosecutor invited Choruwa to his workplace. He handed over Choruwa to an unknown man. The accomplice later teamed up with two others and kidnapped Choruwa. They drove to a secluded area where they beat Choruwa until he ruptured his kidney.