Thursday, 3 May 2018

NURSE ACQUITTED OF FONDLING PATIENT

A MALE nurse stationed at the United Bulawayo Hospitals (UBH) who was accused of fondling a 19-year-old female patient’s breasts and buttocks after she allegedly spurned his proposal, was yesterday acquitted.

Tayedza Kangara (38) of Tshabalala suburb was facing charges of indecent assault when he appeared before Bulawayo magistrate Mr Sheunesu Matova. In acquitting Kangara, the magistrate ruled that there was no sufficient evidence linking the accused person to the alleged offence.

“I am convinced that the evidence adduced by the State through its witness falls below the threshold of proof beyond reasonable doubt as, apart from the complainant’s word against the accused, there was no evidence to substantiate the State case,” said Mr Matova.

He said the complainant also gave different versions of her encounter with the accused person to the hospital ward’s sister-in-charge.

“The explanation by the accused person that he did not indecently assault the complainant is reasonably true in the circumstances. Accordingly, I will therefore return a verdict of not guilty and the accused person is acquitted,” ruled Mr Matova.

Prosecuting, Mr Charles Danda had alleged that on March 5 this year shortly after midnight, the complainant was in her bed at Pettigrew Ward at the UBH where she was admitted.
The court heard that Kangara spotted the complainant from a distance and went to her bed while other nurses were busy in the duty room.

Mr Danda said Kangara proposed love to the bedridden patient and she turned him down.
“The accused person then pleaded with the complainant that he wanted to see her privately at a secluded place for a few minutes, but she refused. Kangara insisted on seeing the complainant and feeling insecure and sensing danger, the patient decided to record the conversation using her mobile phone,” said the prosecutor.

Kangara then told the complainant that he was going to give her a sign so that she would come to where he was.

The court heard that the complainant alerted one of the nurses that Kangara was proposing love to her.

“The accused then called the complainant and she kicked a metal trolley to alert other nurses but they did not follow her,” said Mr Danda.

When the complainant joined Kangara at the agreed place, the accused allegedly hugged the teenager and started fondling her breasts and buttocks.

The complainant narrated her ordeal to the sister-in-charge who in turn reported the matter to the police leading to Kangara’s arrest. Chronicle

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