News / Regional
Sodomite teacher loses appeal
31 Mar 2016 at 00:41hrs | Views
THE Labour Court has dismissed an appeal by a Tsholotsho teacher who was fired five years ago for allegedly attempting to sodomise a Form Two pupil.
Chester Mutiro had taken the Civil Service Commission (CSC) to court challenging his dismissal.
Justice Mercy Moya-Matshanga, in dismissing the appeal, said she could not interfere with the exercise of the employers' discretion to dismiss an employee found guilty of misconduct.
She said Mutiro was charged with a serious offence that has repercussions for the community.
"If such teachers are left in schools, the danger is not only confined to pupils but to the parents as they are likely to lose their children to death and a marked reduction in the population due to unnecessary loss of lives as a result of HIV. Such acts are reprehensible in the extreme and can never be condoned," said the judge.
Justice Moya-Matshanga condemned Mutiro's conduct, saying it destroys a child's future.
"An inappropriate association by a teacher with a school child should always carry a penalty of dismissal as such conduct destroys a child's future and may lead to death due to trauma," said the judge.
"The appeal be and is hereby dismissed and the appellant is to pay the costs".
Mutiro, formerly employed as a Mathematics senior teacher at Mathula Secondary School, allegedly ordered the 17-year-old pupil to follow him to his office on May 10, 2011.
He ordered the teenager to remove his pair of trousers before caressing his organ and attempting to sodomise him.
The court heard that Mutiro beat the boy for refusing to comply with his orders.
He canned the victim four times and threatened to further assault him if he reported the matter before releasing him.
Mutiro was fired five years ago following a disciplinary hearing.
In his grounds of appeal, Mutiro, who was a self actor, said the disciplinary authority erred by admitting evidence which was inadmissible.
He also accused the pupil of ganging up with another teacher only identified as Muchowa to fabricate the allegations.
Mutiro accused the disciplinary authority of exhibiting open hostility against him. He also argued that he was not given an opportunity to mitigate himself.
Chester Mutiro had taken the Civil Service Commission (CSC) to court challenging his dismissal.
Justice Mercy Moya-Matshanga, in dismissing the appeal, said she could not interfere with the exercise of the employers' discretion to dismiss an employee found guilty of misconduct.
She said Mutiro was charged with a serious offence that has repercussions for the community.
"If such teachers are left in schools, the danger is not only confined to pupils but to the parents as they are likely to lose their children to death and a marked reduction in the population due to unnecessary loss of lives as a result of HIV. Such acts are reprehensible in the extreme and can never be condoned," said the judge.
Justice Moya-Matshanga condemned Mutiro's conduct, saying it destroys a child's future.
"An inappropriate association by a teacher with a school child should always carry a penalty of dismissal as such conduct destroys a child's future and may lead to death due to trauma," said the judge.
"The appeal be and is hereby dismissed and the appellant is to pay the costs".
He ordered the teenager to remove his pair of trousers before caressing his organ and attempting to sodomise him.
The court heard that Mutiro beat the boy for refusing to comply with his orders.
He canned the victim four times and threatened to further assault him if he reported the matter before releasing him.
Mutiro was fired five years ago following a disciplinary hearing.
In his grounds of appeal, Mutiro, who was a self actor, said the disciplinary authority erred by admitting evidence which was inadmissible.
He also accused the pupil of ganging up with another teacher only identified as Muchowa to fabricate the allegations.
Mutiro accused the disciplinary authority of exhibiting open hostility against him. He also argued that he was not given an opportunity to mitigate himself.
Source - chronicle
