Andrew James (31) of Manokore village under Chief Zingwe appeared before Shurugwi resident Magistrate Sangster Tavengwa facing charges of indecent assault as defined in section 67 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23 .
It is in the states case as presented by Bertha Bore that, on the 17th day of July 2017 at around 0100hrs Hamunyari Musagwiza (33) (complainant) was on patrol at Mzansi night club in the company of Police constable Simbarashe Mpofu, the two were clad in police uniform.
Whilst the two were executing their duties, Andrew James came towards Constable Musagwiza and stood beside her, he then talked in Shona vernacular saying ‘ pano paita musika’.
Constable Musagwiza however ignored James’ statement.
After passing his comment, in a short period of time James fondled Constable Musagwiza’s buttocks once before he was arrested and detained at Shurugwi police station.
In his defence to the indecent assault charge, James told the court that he was confused by the disco lights in Mzansi Night Club and he mistakenly saw the officer of the law as one of the thigh vendors in the night club.
“I was deceived by the disco lights in the nightclub I could not see that the complainant was in police uniform, I thought that she was one of the ladies of the night that we are used to dine and whine with willy-nilly, I only managed to realise that I had fondled the buttocks of a police woman after I was handcuffed,” he said.
Sentencing, Shurugwi resident Magistrate Sangster Tavengwa slapped Andrew James with a 9 months prison sentence of which three months were suspended on condition of good behaviour, moreover, further 6 months were wholly suspended on condition that the accused performs 210 hours of community service at Bethel Primary School in Shurugwi.-Online