A CHIPINGE businessman, Edmore Mwoyongewenyu, who severely bludgeoned his wife’s boyfriend after trapping the lovebirds escaped a long incarceration for attempted murder charges.
Mwoyongewenyu was slapped with a 30-months jail term for severely assaulting Shepherd Makwenjere.
However, the sentence was wholly suspended for five years on condition that he performs 510 hours of community service at Mutsvangwa Primary School in Chimanimani.
His accomplice, Vincent Mapuranga, was also slapped with 24 months imprisonment which was wholly suspended on condition that he performs 420 hours of community service at Gaza High School.
The third accused person, Moses Mazuka, was acquitted. In sentencing Mwoyongewenyu, Chipinge regional magistrate, Mr Noel Mupeiwa said Mwoyongewenyu should not have taken the law into his own hands.
“It was not right for the accused person to resist police arrest. The accused breached the law by assaulting the complainant,” he said.
However, Mr Mupeiwa noted that Mwoyongewenyu’s actions were a result of mental anguish as a result of provocation.
He stated that a fine would be improper as it would trivilialise the offence.
“Despite this provocation, the accused managed to control himself. He did not act spontaneously. He could have killed the complainant if he wanted to do it,” reads part of Mr Mupeiwa’s judgment.
Mr Mupeiwa also stated that Mukwenjere managed to recover after the assault.
He said the doctor testified that Makwenjere is now fully recovered and able to perform all his duties.
It was the State’s case, led by Mr Themba Dhliwayo, that on May 28, Mwoyongewenyu lured Makwenjere to his house after suspecting that the complainant was having an affair with his wife, Naume Makuyana.
While at Mwoyongewenyu’s house, Makwenjere was heavily assaulted and he sustained serious injuries.
Makwenjere is suing Mwoyongewenyu for US$205 000 and $465 494 as delictual damages.