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Sharon Buwerimwe, Court Reporter

A TEACHER at Amavene Primary School in Bulawayo’s Nkulumane suburb heaved a sigh of relief after she was acquitted of allegedly beating up a Grade Seven pupil and damaging his eardrum for failing a test.

It had been alleged that Benuka Phiri (52) from Nkulumane 5 suburb slapped Leo Muriwo twice on his ear resulting in his eardrum discharging pus which has given him problems since 2014.

Phiri pleaded not guilty to an assault charge before Western Commonage magistrate Ms Tancy Dube.

The magistrate said the State failed to prove that Phiri assaulted Leo as witnesses gave contradicting testimonies.

“In coming up with the judgment, the court considered evidence that was presented and it’s clear that Phiri didn’t commit the alleged offence. She’s therefore acquitted and discharged,” said magistrate Dube.

Phiri said she was being framed by the complainant’s mother.

“I don’t punish pupils who fail tests. I never assaulted him, I have been framed. It’s surprisingly strange that Leo’s mother said I gave her money for medical bills which is not true,” she said.

The court heard that the boy’s mother only reported the matter to the police after Phiri defaulted paying Leo’s medical bills.

Mr Tapiwa Solani appeared for the State. — @sharonbuwe