MARTIN MAWAYA
SHURUGWI-Hanke Adventist High School boarding master and a church elder who was accused of fondling breasts and private parts of a 15 year old form four student has been acquitted.
Luckson Ndebele (57) pleaded not guilty to the charges when he appeared before Shurugwi Magistrate, Perseverance Mukumba on Tuesday.
At the close of the state case, the Magistrate found him not guilty and acquitted him.
Delivering the judgement, Magistrate Mukumba said the State failed to prove the case against Ndebele as the witnesses failed to corroborate their evidences.
Before his acquittal, Ndebele applied for discharge through his lawyer, Abiata Mugari of Gundu, Dube and Pamacheche Legal Practitioners.
Ndebele argued that the complainant’s report was malicious, meant to fix him after he caught her several times contravening school regulations and hanging around the boys’ hostels and for threatening to inform her mother about her insolent behavior.
Prosecutor Tafadzwa Guzete told the court that on the 18th of March 2023, the complainant (name withheld for ethical reasons) was left home and advised by her mother to sleep at their uncle’s residence located in the same area.
“At around 630pm the complainant left home going to her uncle’s residence and along the way she met Ndebele who greeted her and held her hand and then hugged her.
“Ndebele went on to close the complainant’s mouth using his hand and asked her for a kiss whilst holding her tight from behind. He then started fondling the complainant’s breasts and her private parts,” she said.
The court heard that Ndebele released the complainant after noticing a light from the boys’ hostels direction and he left while the complainant proceeded with her journey to her uncle’s residence where she narrated the ordeal to her cousin.
On the 20th of March 2023, the court heard that the complainant advised her father who is in South Africa using her mother’s phone.
Upon receiving the report, complainant’s father informed her mother who then escorted the complainant to report the case to the Police leading to the arrest of Ndebele.
