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Brothers granted bail in viral doctor assault case
3 hrs ago |
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Two brothers accused of assaulting a medical doctor in a widely circulated viral video have been granted bail by a Bulawayo court.
Prince Mugwagwa and his brother Nigel Mugwagwa appeared before Bulawayo Senior Regional Magistrate Mark Dzira for a bail hearing and were each granted bail of US$200.
The pair is being represented by Simbarashe Innocent Madzivire of Mashayamombe Law Firm.
Prosecutor Siphiwe Mhlanga opposed bail, arguing that the accused were a flight risk after initially evading authorities.
"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 told the court.
"Due to that, they can flee. They committed a serious crime and, looking at the severity of the offence, they can flee."
However, the defence dismissed the State's claims, arguing there was no concrete evidence that the brothers intended to abscond.
"There is no evidence that they wanted to flee. The State relied on social media and did not call the arresting officer to testify," Madzivire said.
He added that the complainant was recovering well and had attended court, contrary to earlier reports that he was hospitalised.
In his ruling, Magistrate Dzira granted bail with strict conditions. The brothers were ordered not to interfere with State witnesses, to reside at their given address, and to report every Friday at Tshabalala Police Station.
The court heard that the incident occurred on April 5 at Cotton Kraal Bar, located at Bradfield Shopping Centre in Bulawayo, where the brothers allegedly assaulted Mkhonzeni Sibanda (40) following a dispute over an undisclosed issue.
According to the State, one of the brothers allegedly grabbed the complainant by the collar before both accused, along with two unidentified accomplices still at large, attacked him.
The complainant was taken to hospital for treatment, and a medical affidavit is expected to be presented in court as evidence.
The matter has been remanded to Wednesday for further proceedings.
Prince Mugwagwa and his brother Nigel Mugwagwa appeared before Bulawayo Senior Regional Magistrate Mark Dzira for a bail hearing and were each granted bail of US$200.
The pair is being represented by Simbarashe Innocent Madzivire of Mashayamombe Law Firm.
Prosecutor Siphiwe Mhlanga opposed bail, arguing that the accused were a flight risk after initially evading authorities.
"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 told the court.
"Due to that, they can flee. They committed a serious crime and, looking at the severity of the offence, they can flee."
However, the defence dismissed the State's claims, arguing there was no concrete evidence that the brothers intended to abscond.
"There is no evidence that they wanted to flee. The State relied on social media and did not call the arresting officer to testify," Madzivire said.
He added that the complainant was recovering well and had attended court, contrary to earlier reports that he was hospitalised.
In his ruling, Magistrate Dzira granted bail with strict conditions. The brothers were ordered not to interfere with State witnesses, to reside at their given address, and to report every Friday at Tshabalala Police Station.
The court heard that the incident occurred on April 5 at Cotton Kraal Bar, located at Bradfield Shopping Centre in Bulawayo, where the brothers allegedly assaulted Mkhonzeni Sibanda (40) following a dispute over an undisclosed issue.
According to the State, one of the brothers allegedly grabbed the complainant by the collar before both accused, along with two unidentified accomplices still at large, attacked him.
The complainant was taken to hospital for treatment, and a medical affidavit is expected to be presented in court as evidence.
The matter has been remanded to Wednesday for further proceedings.
Source - The Chronicle
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