News / National
Prosecutor jailed for assault, kidnap, attempted murder
20 Jun 2016 at 07:14hrs | Views
BEITBRIDGE area prosecutor, Muchiwande Forbes Sithole (35) has been jailed for an effective four years for assault, kidnap and attempted murder. Sithole of Flamboyant Street in the border town assaulted two men who had allegedly broken into his house and stole property worth R7,300. A court heard he also gave a Toyota Surf vehicle to three unknown men who beat Gabriel Choruwa until he nearly died due to kidney injuries.
The area prosecutor denied all the charges when the trial opened before Masvingo Regional magistrate, Mr Collet Ncube at the Beitbridge Magistrate court but was convicted on the strength of overwhelming evidence. On Friday, Mr Ncube fined Sithole $200 for the two assault charges and in default he will be jailed for four months.
On the charge of kidnapping he meted out a 24 months imprisonment sentence and conditionally suspended six months for five years. In respect of the attempted murder charge, Mr Ncube sentenced Sithole to six years imprisonment, suspending two years. Mr Ncube ruled that the kidnapping and attempted murder terms run concurrently leaving him with an effective four years to serve.
Through his legal representative, Mr Listen Zinyenge of Zinyenge Rupapa Legal Practitioners who was assisted by Mr Patrick Tererai of Tererai Legal Practice, Sithole argued that the victims were arrested by members of the community through a 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 on September 8 last year there was a burglary at Sithole's house where an assortment of property including football boots, grocery items and blankets were stolen.
He said on 15 September, 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 identified the football boots which the duo was selling as part of his stolen property and effected a citizen's arrest.
Mr Chavarika said Sithole, who was with two unknown men then ordered Moyo and Mike into his vehicle and drove to their house. The prosecutor said Sithole assaulted them at their house resulting in the duo implicating John Navhaya as the source of the stolen property.
Sithole, the court heard, drove to Navhaya's house together with Moyo and Mike and effected a citizen's arrest on Navhaya. He and his accomplices forced Navhaya to tell them where he was keeping the rest of the stolen property.
Navhaya implicated Choruwa whom Sithole invited to his workplace and handed over to three unknown man. The accomplices took Choruwa to a secluded area near Makakhavhule cemetery where they beat him up until he ruptured a kidney.
Sithole later handed Choruwa to the police who took him to Mpilo Central hospital in Bulawayo where doctors among other things determined that he had sustained impaired renal function as a result of severe beating and potentially life threatening muscle damage.
The area prosecutor denied all the charges when the trial opened before Masvingo Regional magistrate, Mr Collet Ncube at the Beitbridge Magistrate court but was convicted on the strength of overwhelming evidence. On Friday, Mr Ncube fined Sithole $200 for the two assault charges and in default he will be jailed for four months.
On the charge of kidnapping he meted out a 24 months imprisonment sentence and conditionally suspended six months for five years. In respect of the attempted murder charge, Mr Ncube sentenced Sithole to six years imprisonment, suspending two years. Mr Ncube ruled that the kidnapping and attempted murder terms run concurrently leaving him with an effective four years to serve.
Through his legal representative, Mr Listen Zinyenge of Zinyenge Rupapa Legal Practitioners who was assisted by Mr Patrick Tererai of Tererai Legal Practice, Sithole argued that the victims were arrested by members of the community through a 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 on September 8 last year there was a burglary at Sithole's house where an assortment of property including football boots, grocery items and blankets were stolen.
He said on 15 September, 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 identified the football boots which the duo was selling as part of his stolen property and effected a citizen's arrest.
Mr Chavarika said Sithole, who was with two unknown men then ordered Moyo and Mike into his vehicle and drove to their house. The prosecutor said Sithole assaulted them at their house resulting in the duo implicating John Navhaya as the source of the stolen property.
Sithole, the court heard, drove to Navhaya's house together with Moyo and Mike and effected a citizen's arrest on Navhaya. He and his accomplices forced Navhaya to tell them where he was keeping the rest of the stolen property.
Navhaya implicated Choruwa whom Sithole invited to his workplace and handed over to three unknown man. The accomplices took Choruwa to a secluded area near Makakhavhule cemetery where they beat him up until he ruptured a kidney.
Sithole later handed Choruwa to the police who took him to Mpilo Central hospital in Bulawayo where doctors among other things determined that he had sustained impaired renal function as a result of severe beating and potentially life threatening muscle damage.
Source - chronicle
