'Wife stealer' dealt court blow

25 September 2020 | Justice

Kenya Kambowe

NDIYONA



An alleged serial wife stealer has been dealt a blow by the justice system after an assault case he reported against two men whose wives he apparently slept with was dismissed by the Ndiyona Periodic Court.

Magistrate Sonia Samupofu on Wednesday ruled in favour of Robert Mupiri Katata and Muruti Thimoteus Tjatja and found them not guilty of assault with intent to do grievously bodily harm, a case opened by Ruzendo Ndara (54).

The incident took place on 10 August 2019 at Shinunga village in the Kavango East Region.

According to Ndara, he was assaulted by Katata and Tjatja at a shebeen after they got into an argument over an old grudge.

He informed the court that prior to the fight, which left him with a bloodied nose and a swollen left eye, they complained about him compensating them after he was traditionally found guilty of having affairs with their wives.



Contradicting accounts

Ndara testified that despite apologising to Katata and Tjatja, they punched and kicked him.

“Accused number two grabbed me and punched me, and accused number one came and assisted the other one to beat me and then kicked me to the ground,” Ndara testified.

However, this version contradicted that of State witness Joseph Kafuti, who said it was Ndara who started the argument.

The witness said while they were drinking together, Ndara approached Katata and Tjatja and demanded to drink from their glasses.

Kafuti said he told Ndara to leave the two men alone, and also reminded him that he was fined for sleeping with their wives.

The witness further said Ndara grabbed Katata, which resulted in them both falling to the ground.



Unreliable witness

“The one who started the fight was the complainant. He went ahead to approach the two men who were sitting minding their own business. He grabbed accused number one and they fell to the ground,” Kafuti testified.

Kafuti said Ndara then demanded to fight the men one at a time, which they refused to do.

Magistrate Samupofu said a doctor's examination report was consistent with Kafuti's version, and added that Ndara was an unreliable witness as there were a number of contradictions in the State's case.

Variety Matamata was the prosecutor.

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