Soldier bashes motorist for refusing him a lift

A soldier based in Mutoko will serve an 8 month jail term for assaulting a clearing agent who refused to give him a lift.

He has approached the High Court seeking bail pending the hearing of his appeal.

29 year old McDonald Masaga was slapped with a one year imprisonment before 4 months were suspended on the usual conditions after his conviction.

This followed a guilty plea on a charge of assaulting Innocent Mutsotso in July last year.

Masaga assaulted Mutsostso, an employee of Peark Sky Investments of Beitbridge.

The court heard that sometime in July last year while the accused and victim were at Madzeka Night Club in Mutoko, Masaga sought transport from Mutsotso who refused.

Irked by the refusal, Masaga kicked and punched Mutsotso several times all over the body.

Mutsotso made a report to the police leading to Masaga's arrest.

The magistrate who presided over his trial ruled that the convict's actions brought the name of the Zimbabwe National Army into disrepute and a non-custodial sentence would trivialise the offence.

In the bail application filed before the High Court, the soldier through his legal counsel Obedience Machuvaire says the sentence imposed by the lower court is manifestly excessive and too harsh in the circumstances as it is not in line with modern trends and principles of sentencing.

He further argues that community service or a fine were both optional and appropriate sentences worthy of the offence.