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Danisa Masuku
THREE SECURITY GUARDS who took turns to assault an imbiber and pulled and twisted his testicles have been spared a jail sentence.
Khulani Masuku (33), Ndumiso Msimanga (41) and Fortunate Moyo (46) appeared for trial before Bulawayo magistrate Joseph Mabeza facing attempted murder charges.
They pleaded not guilty. During trial, the magistrate had to alter the charge to assault charge because the magistrate noted that the medical report was defective and did not contain credible evidence.
Moreover, the doctor who wrote the medical report refused to come and testify at the court. The magistrate found Masuku, Msimanga and Moyo guilty.
He convicted them and sentenced each to 24 months in imprisonment. Six months were suspended on condition of good behavior, a further 18 months were suspended on condition that each performs 630 hours of community service.
In sentencing them the magistrate said the trio took turns to assault Nkanyiso Ndiweni. The court also noted that they could not rely on the medical report saying it was defective and the doctor who compiled a medical report refused to come and testify.
The magistrate also noted that Ndiweni suffered serious injuries after he was assaulted by the trio. The court heard that sometime last year in January Ndiweni was drinking beer at Ezinyangeni Business Centre while Masuku, Msimanga and Moyo were manning the premises.
The bottle store where Ndiweni was drinking wise waters closed at 8 pm, and when they told him to leave for his home he refused.
After that, they dragged him out of the drinking hole and he left for his home. While he was on his way the trio followed him and when they got near him Masuku went past him and blocked his way.
After that, they grabbed him and took turns to punch and kick him all over the body. The court heard one of the trio grabbed Ndiweni by his “private parts” and twisted them and he collapsed. They fled leaving him lying at the scene. The matter was reported to the police leading to their arrest.
Online Reporter