WARRIORS midfielder Kudakwashe Mahachi’s lawyer has called for him to be acquitted of trying to kill his four-year-old son, arguing that the three ‘key’ witnesses who testified at trial gave conflicting statements.
Footballer Nkosiyabo Sibanda’s lawyer from the Tanaka Justice Cabinet said the testimonies given by the three witnesses, Meline Mahachi, Sinikiwe Sibanda who are Kudakwashe’s sisters and his friend Carlos Moyo, were “very weak”.
“On the above arguments, I would like the court to consider the descriptions of these three witnesses of the condition of the child. It is appropriate to consider these witnesses as suspects because they know a lot about the offense.
“The child reportedly came with injuries, but the three took the child in for a week and the child’s health deteriorated in their hands,” the statements read.
Nkosiyabo argued that the trio did not disclose that there was a doctor caring for the child when they reported the matter to the police.
“When they reported the matter to the police, they did not disclose that they had hired a doctor (name provided) who was caring for the child. They hid this (information) from the police and to hospital authorities.
“On the other hand, they said the child came with injuries, and if that doctor wasn’t a fake, he would have admitted the child. These three had something to hide,” said supported Nkosiyabo.
He further argued that the three witnesses gave different testimonies regarding their relationship with the doctor.
“One witness, Sinikiwe, said they were all active in their dealings with the doctor who allegedly treated the child at home, while Carlos denied ever seeing the doctor inject anything into the child.
“In Sinikiwe’s testimony, she said Carlos held the child while he was injected by the doctor, but Carlos walked away from the relationship with the doctor,” Nkosiyabo continues.
He further stated that in Sinikiwe’s testimony, Carlos was the one paying the doctor, while Meline considered there was a doctor but she quickly disassociated herself from seeing the doctor.
If Regional Magistrate Mark Dzira presiding over the case agrees, that will end the trial. If he disagrees, Kudakwashe will be put on his defense to see if the state’s case was strong enough for a conviction and the trial will continue until Dzira delivers his verdict.
The case has been adjourned to September 23, 2022, when the state led by Prosecutor Acumen Khuphe is expected to respond to the request.
On Tuesday, a doctor at Mpilo Central Hospital, Tichaona Tokwe, who was caring for the child, testified.
He said when the amputation decision was made, they noted the right foot had deep ulcerations and exposed bone.
“It was a form of traumatic amputation, which means that the injured part of his foot was no longer connected to the main foot. We then took the patient to the operating theater to formalize the amputation,” said said Dr. Tokwe.
He said the patient’s injuries were at different stages and they observed that he had suffered deep ulcerations.
“We examined the patient in Mpilo Central Hospital team and noted that the patient had a deep ulceration on his head, left groin, left leg and top of right foot.
“The wounds were in different stages of healing, some were fresh, some were healing and some had healed,” Dr Tokwe testified.
He added that they followed different procedures to determine the causes of the injuries, such as researching the patient’s medical history.
“When we were researching the causes of different injuries, we checked the patient’s history, and in this case, we spoke to the patient.
“The patient told us that he had been hit with objects and had hot water poured over his head. When we examined the patient, the description of what happened matched the injuries” , said Dr. Tokwe.
The allegations against Kudakwashe are that on a date unknown to the prosecutor but between February 25, 2022 and April 14, 2022 he assaulted his son with an iron bar over his head and mouth.
It is further alleged that he poured hot water all over his body and assaulted him with a charger cable all over his body.
As a result of the assault, the child suffered severe burns and injuries all over his body.
After a series of these alleged assaults, Kudakwashe did not take her son to hospital for medical treatment, but instead “smuggled” him back to Zimbabwe on a cross-border transporter popularly known as Malayitsha.