Tuesday, 6 February 2018

ACQUITTED TEACHER SUES PUPIL'S FATHER

A CHRISTIAN Brothers’ College (CBC) teacher who was recently acquitted on charges of indecently assaulting a Form Three boy, is now suing the boy’s father for $100 000 in damages for malicious prosecution, defamation and humiliation.

Mr Sindiso Mafikela (46) was acquitted following a report that he was caught by other pupils while allegedly caressing the boy in a classroom. In papers before the court, Mr Mafikela cited the boy’s father only identified as Mr W Isemonger, as the defendant.

Mr Mafikela, through his lawyers Sansole and Senda Legal Practitioners, said he was wrongfully prosecuted at the instigation of Mr Isemonger. He is seeking an order compelling the defendant to pay him $100 000 for defamation of character and suffering humiliation and embarrassment.

“Plaintiff avers that he was maliciously prosecuted as a result of defendant’s minor child’s baseless allegations, alternatively the plaintiff was defamed and wants $50 000 in damages. Plaintiff also claims $50 000 being general damages for defamation of character as a result of the allegations by the defendant’s child, which painted the plaintiff as a paedophile sexually molesting school children whom he, in his capacity as a teacher, should act in loco parentis,” said Mr Mafikela’s lawyers.

Mr Mafikela, who has been a teacher for 21 years, appeared in court three times before he was placed off remand and subsequently acquitted of the charge due to lack of evidence linking him to the alleged offence.
Allegations were that on November 21 in 2016 at around 1PM, the complainant was coming from an examination room with two friends and heading towards the school car park when they came across the plaintiff.

Mr Mafikela allegedly ordered the complainant to tuck in his shirt, but the boy defied the order.

The court heard that Mr Mafikela grabbed the complainant by the arm and dragged him to his classroom where he ordered the boy to remove his pair of trousers and underwear but he refused to comply.

Mr Mafikela allegedly shoved his hand into the boy’s shirt and caressed his chest. The boy wrestled with his teacher and managed to remove his hand before stepping backwards.

When the accused tried to move closer to the boy, he noticed that the complainant’s two friends were peeping through the window, forcing him to retreat.

He allegedly ordered the boy to leave the classroom, the court heard. A report was made to the police leading to his arrest.

In his defence, Mr Mafikela said he only took the “stubborn” complainant to the classroom so that he could force him to tuck in his shirt.

He said he also noticed that there was a missing button on the complainant’s shirt.
“I pointed at his shirt after I noticed that there was a missing button on the chest part. There was no contact between my finger and the complainant’s body. I never instructed him to remove his clothes or pants,” he said. Chronicle

0 comments:

Post a Comment