The Magistrates Court has convicted 35-year-old physicist Dickson Musopelo for assault occasioning actual bodily harm.
Magistrate Victoria Mututwa delivered the ruling after a full trial and said the prosecution had “proved its case beyond reasonable doubt”.
The court heard that the complainant, Chisha, an army officer, arrived at his home shortly after 10 pm and went straight to his bedroom.
Inside he found Musopelo with his wife.
Evidence showed that the wife urged Musopelo to hide in a wardrobe, but he was discovered moments later.
Instead of leaving, Musopelo attacked the soldier and punched him several times.
The soldier suffered a swollen eye and lost teeth during the struggle.
Prosecutor Georgina Daka told the court that the evidence remained consistent and strong even under cross-examination.
Musopelo denied the charge and called two witnesses, including his sister Martha Musopelo.
She told the court that her brother came to her home the next day with injuries and missing teeth and that she took him to Kabwata Police Station before seeking treatment.
However, she admitted she did not witness the incident and could not confirm what happened.
A medical doctor, Dr Sithokozile Nandazi, testified that Musopelo complained of jaw pain, neck bruises, nausea and broken teeth and said he briefly lost consciousness.
Under questioning she admitted that no dental exam was done and that the injuries could have come from another source.
In her ruling Magistrate Mututwa said the defence failed to raise doubt and found Musopelo guilty. He remains in custody as he awaits sentencing.
