A Bulawayo Magistrate has acquitted Zimbabwe Warriors midfielder Kuda Mahachi, who was facing theft charges of allegedly snatching and damaging an XP iPhone belonging to his sister, Meline.
The former SuperSport United winger allegedly snatched the phone as part of an effort to destroy evidence in a case in which he stands accused of scalding his four-year-old son with boiling water.
In her ruling delivered on Tuesday, Magistrate Vivian Ndlovu said the State failed to prove the essential elements of the case.
During the trial, the State called four witnesses, including Mahachi’s sister and her neighbour Chaka Mafaro, to give their testimonies under oath.
The Magistrate said there were some inconsistencies in the complainant’s evidence during cross-examination. She added that it was evident that there is bad blood between Meline and her brother Kuda Mahachi.
Magistrate Vivian Ndlovu further noted that during cross-examination by Kuda Mahachi’s lawyers, Meline admitted she willingly gave the phone to the footballer.
Mahachi was represented by Nkosiyabo Sibanda and Tinashe Runganga from Tanaka Law Chambers.
At the close of the State case, the lawyers had made an oral discharge submission, arguing that the state had failed to prove its case against Kuda Mahachi beyond any reasonable doubt.
The State represented by Thompson Hove was alleging Mahachi took his sister’s iPhone XR smartphone and told his driver to start the engine.
Kuda Mahachi’s sister made a police report leading to his arrest.
In a related development, Kuda Mahachi lost custody of the child he sired with his ex-wife Martha Ndlovu.
Ndlovu won custody of their four-year-old son who is the victim and key witness in a domestic violence court case, following allegations that he was scalded by his father Kuda Mahachi.
