JUDGMENT has been reserved in the case in which former club manager, Ronald Ngwenya, is appealing against conviction after he was found guilty of sexually abusing his minor niece and slapped with a 12-year jail term.
Judges Zhou and Chikowero, who are presiding over the case, reserved the judgment to November 27.
Ngwenya’s lawyer, Arthur Gurira, argued that the complainant’s evidence in the trial was manifestly contradictory and the presiding magistrate, Fadzai Mthombeni, erred in basing her judgment on that evidence.
“Complainant was recorded two statements after the alleged assault occurred and in her evidence, as per the statement of 30th December 2022, she stated that the Appellant entered the room fondled her breasts and left the room.
“The second statement presents a shift from the first statement, which she gave to the police, the narration of events was firstly that the Appellant came into her room, fondled her breasts and inserted his finger into her (private parts) and now the story has changed to ‘the accused came into the room, touched my breasts and left the room.’
“There are material differences in the narrative given which differences attempt to describe a single event.”
He further argued that the child also gave contradictory evidence on the aspect of the identity of the person who abused her.
Facts are that on December 9, last year, at around 1am, the minor woke up and found Ngwenya, who is her uncle, fondling her private parts and before she could scream, he covered her mouth and inserted his finger into her private parts.
He left her room and returned after a while and met the minor at the door as she was going to the toilet.
He then dragged her to back to the bed and repeated the act.
The child reported the matter immediately to the maid.