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Tumisho Masha not guilty

Actor Tumisho Masha has been found not guilty of assaulting his estranged wife.

His case has been running for two years, and he decided to celebrate his freedom from the case.

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Masha’s wife Zozibini Mtongana alleged in her police affidavit that he had assaulted her. She also said he damaged her phone in June 2016.

The case was however withdrawn in November 2016, but was reinstated a year later.

According to Masha, his wife refused a brand new phone to replace the old one, insisting that she wanted cash.

“In her judgment, the magistrate said that, in terms of the evidence, the complainant’s statement and the state’s witness did not corroborate each other,” reads Masha’s statement.

Acquittal

He was acquitted of assault but found guilty of malicious damage to property for smashing the phone.

Masha’s lawyer Clement Dankuru had argued that the matter did not belong to the criminal court.

“His [statement] in court were that no person of presiding officer acting objectively on the set of facts, can reasonably conclude that an assault GBH [grievous bodily harm] had occurred.

“The court gave credence to Mr Dankuru’s version. No weapon was used, and the complainant was not struck with an open or closed hand,” read the statement.

Masha said he apologised to Mtongana and their families. He hoped his mistakes would be seen as a lesson – for young men – to hold themselves to higher standards.

 

About this writer:

Purity Lisa

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