An attempted murder case against two Bulawayo brothers accused of seriously assaulting a medical doctor has been withdrawn before plea for a second time after one of the accused failed to appear in court.
Nigel Mugwagwa, 32, was due to appear alongside his younger brother, Prince Mugwagwa, before Bulawayo Regional Magistrate Mark Dzira on Friday. However, Nigel did not attend the hearing.
The brothers, who are out of custody on US$200 bail each, face an attempted murder charge.
The case had previously been withdrawn before plea after prosecutors said their key witness was out of the country and unavailable to testify.
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State prosecutor Mufaro Ndirayire told the court that the witness had since returned from Britain, prompting the State to summon the accused for the commencement of trial.
“The State key witness arrived from Britain last week and we summoned the accused persons for the commencement of trial. Unfortunately, Nigel did not turn up,” she said.
Ndirayire said the witness had been granted only a limited stay in Zimbabwe and had since returned to Britain.
“We will proceed by way of summons on a date to be agreed by lawyers of both parties,” she told the court.
The brothers are represented by Dr Tanaka Muganyi of Tanaka Law Chambers and Simbarashe Madzivire of Mashayamombe Law Firm.
According to the prosecution, the alleged assault took place at Cotton Kraal Bar at Bradfield Shopping Centre, where the Mugwagwa brothers allegedly became involved in an altercation with 40-year-old Dr Mkhonzeni Sibanda.
Ndirayire told the court that Prince Mugwagwa allegedly grabbed Sibanda by the collar before punching him.
She alleged that both brothers then kicked the complainant repeatedly and were joined by two unidentified men, who remain at large.
The prosecution says Sibanda was taken to hospital for treatment and that a medical report will be produced as evidence during the trial.
The matter is expected to return to court once a fresh trial date has been agreed.
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