A HARARE magistrate yesterday acquitted two Norton men who were facing a culpable homicide charge after their dog, a boerboel, mauled a seven-year-old to death.
Magistrate Clever Tsikwa ruled that Lloyd Sibanda (35) and Cuthbert Mpame (63) were not guilty as their dog did not go out to attack the child, but the minor had, instead, broken into its territory before being fatally mauled.
Tsikwa said there was no evidence submitted in court which showed that the dog was wandering aimlessly since it was on a leash.
He also ruled that the State had failed to prove that the dog was vicious.
The court heard that Sibanda was responsible for the dogs belonging to Mpame, a farmer in Norton.
Prosecutor Sherylnn Sadomba told the court that Sibanda and Mpame were not related to the deceased minor, but neighbours.
She told the court that on October 5, 2022, the juvenile left home and went to Mpame’s to fetch water, but did not return and his grandmother Otilia Murwira followed up to check on him.
On her way to Plot 17 at Skey Farm, Murwira saw a brown dog and a white puppy, licking the juvenile’s private parts.
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She identified the dogs as those from Mpame’s place and chased them away.
The court also heard that Murwira positively identified her grandson’s body which was lying half-naked on the ground with the private parts bitten off.
The matter was reported to the police, leading to Sibanda and Mpame’s arrest.
