By Chengeto Chidi
Godfrey Utsiwegota who had been jailed for allegedly beating up Health minister Obadiah Moyo, daughter Ashleigh Moyo, has been cut free following a High Court appeal.
Harare Magistrate Learnmore Mapiye, convicted Utsiwegota last August after finding him guilty of allegedly assaulting Ashleigh.
Mapiye jailed Utsiwegota to a five month jail term, suspending two on condition that he paid $600 fine and three months were suspended on condition of good behaviour.
Utsiwegota feeling hard done approached the High court on appeal seeking to have both conviction and sentence set aside arguing that the court had erred in its decision as it relied on single witness evidence in passing the judgement.
“The court a quo erred at law and in fact in making a finding that the complainant was a truthful and credible witness contrary to factors on record or ground, which pointed out that she was untruthful and not credible,” read part of the appeal.
The State’s case was that sometime in July 2019, Ashleigh was recording her music at Pablo’s Night Club and at around 11pm as she left the club, she was allegedly assaulted by Utsiwegota and Ovio Mgijima when she was about to open the door to her car.
High Court judge justice Joseph Musakwa upheld the appeal and set aside both conviction and sentence.