Former St John's College Athletics Instructor Abused Boys
Former St John’s College athletics instructor and Zimbabwe Triathlon Association coach David Edward Gardner lost his appeal against conviction in a case of indecent assault involving minors.
According to the NPA, Gardner had been found guilty in July 2008 of 3 counts of indecent assault involving three boys who were students at the school.
He had been sentenced to 24 months imprisonment (i..e 8 months per count), of which 12 months were suspended and he was to serve 12 months effectively.
He was granted bail pending appeal on 22 July 2008 and has been out of custody since then.
Dissatisfied with the conviction, he appealed to the High Court protesting his innocence based on the fact that the State had not proved its case beyond reasonable doubt.
However, the High Court dismissed Gardner’s appeal and he promptly lodged another appeal in the Supreme Court, alleging among other things that the Prosecutor assembled state witnesses in his office and discussed the case in a manner that was irregular and prejudicial to his case.
In a judgement handed down by the Supreme Court on 12 March 2024, the Supreme Court upheld the decision of the High Court that the State had proved its case beyond reasonable doubt.
There was irrefutable evidence that Gardner had unlawfully and intentionally abused one boy in Switzerland and two others in Zimbabwe.
The 12 months which was meant to be served in prison was commuted to 460 hours of community service because there was a delay before the appeal was heard in the High Court. After all, the record of proceedings went missing.
The issue of the missing record was beyond the National Prosecuting Authority’s control.
Gardner has been ordered to present himself before a Regional Magistrate at the Harare Magistrates Court for the assignment of community service duties at a public institution.
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