By Rangarirai Shanyurai
In a surprise move in court, Masvingo Magistrate Catherine Tafira recently upended an assault case, adding robbery charges to the case, while denying the two accused men bail and remanding them in custody.
The twist came during the trial of two men Badri Husani and Sipho Ntsawa who are neighbors who were in court for allegedly assaulting the former’s cousin Takunda Svinuke after an altercation involving a blanket.
Giving his testimony, Svinuke told the court that he was assaulted by the two who also took his cash amounting to US$25 and a cell phone prompting the magistrate to send the case back to prosecution for further scrutiny of the new charge.
Circumstances are that on October 2, 2024 Svinuke arrived home around 11pm and asked Badri for his blanket. Badri then told Svinuke that he had sold the blanket to Ntwasa, to which Svinuke asked Badri to go with him to return the money so he could take his blanket back.
Upon reaching Ntwasa’s home, the three had an argument leading Badri and Ntwasa to team up and assault Svinuke.
In their defense, the accused denied the assault allegations although Badri admitted to have taken the blanket and said the complainant is the one who assaulted him and took his cash.
Badri said Svinuke had teamed up with their brother Cadri Husani to assault him and he went to Ntwasa’s house to seek refuge and the complainant dragged him back home and tore his trousers in the process.
However, Magistrate Tafira dismissed Badri’s version and said, the charges were supposed to be changed from assault to robbery due to the evidence provided by the complainant in court.
“The case should change from assault to robbery because the complainant lost his property to the accused person. Svinuke said they assaulted him and took his cell-phones and US$25 in this court. The draft paper was done wrong and it has to be processed to section 52,” she said.
