Viral assault accused misses court as key witness returns to UK

ONE of the brothers captured in a viral video allegedly punching and kicking a medical doctor at a leisure spot in Bulawayo failed to attend court on Friday, resulting in the attempted murder case being withdrawn before plea for the second time and set to proceed by way of summons.

Nigel Mugwagwa (32), who was due to appear alongside his younger brother, Prince Mugwagwa, before Bulawayo Regional Magistrate Mr Mark Dzira, did not attend the scheduled court session.
The brothers are facing attempted murder charges and are out on US$200 bail.

The matter had previously been withdrawn before plea after the State’s key witness was out of the country, making it impossible for the prosecution to proceed with trial.
Prosecutor Ms Mufaro Ndirayire told the court that although the key witness had returned from Britain last week, he was only available for a limited period.

“The State key witness arrived from Britain last week and we summoned the accused persons for the commencement of trial. Unfortunately, Nigel did not turn up. The State key witness was given a few days and has since left for Britain. We will proceed by way of summons on a date to be agreed by lawyers of both parties,” said Ms Ndirayire.

The Mugwagwa brothers are represented by Mr Simbarashe Innocent Madzivire of Mashayamombe Law Firm.
According to the State, the incident occurred at Cotton Kraal Bar at Bradfield Shopping Centre, where the brothers allegedly assaulted Mr Mkhonzeni Sibanda (40) following a misunderstanding.

“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 Ndirayire.

Mr Sibanda was rushed to hospital for treatment following the alleged assault.

The State said a medical report detailing his injuries will be produced in court as an exhibit during the trial.