Gardner approached the High Court after he was sentenced to
serve 12 months in jail.
The incidents in question were reported in 2008 when he was
in charge of sports at St John’s College.
He was found guilty on three counts, acquitted on the
fourth and sentenced to 12 months.
Allegations are that about two months before the 2006
All-Africa Games, during a training camp in Nyanga, one of the complainants
caught Gardner fondling him during the night.
The teenager confronted Gardner who lied that he was only
looking for his dog.
His appeal against the sentence was, however, allowed by
Justice Benjamin Chikowero, who ordered him to perform 460 hours of community
service.
The complaints against Gardner were raised by three boys,
aged 14 and 15, after they told stories to their guardians.
“In casu, we take the view that there will be a gross miscarriage
of justice if we were to order that Gardner returns to prison to serve the
remainder of a custodial sentence imposed way back …
“Although the sentence was appropriate at the time it was
imposed, the delay of 13 years before hearing of the appeal necessitates that
we suspend that portion of a custodial sentence.
“The appeal against conviction in respect of counts 1, 2
and 3 be and is hereby dismissed.
“The appeal against sentence in respect of counts 1, 2 and
3 is allowed.
“The remaining 12 months’ imprisonment is suspended on
condition Gardner performs 460 hours of community service,” reads the judgment. H Metro
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