The Supreme Court has dismissed an appeal lodged by David Edward Gardner, a former St. John’s School and Triathlon Zimbabwe coach, who was convicted of sexually abusing four teenage boys under his care.
Gardner, found guilty of immoral indecent assault, faced charges for incidents dating back to 2002, including instances where he fondled the genitals of two 14-year-old boys, engaged in indecent acts, and made inappropriate advances towards others.
Despite pleading not guilty and claiming the allegations were orchestrated by the complainants’ parents, Gardner’s defense was overruled by testimonies from twelve witnesses, including the victims and their parents.
He was sentenced to a total of 24 months in prison, with 12 months suspended for five years on the condition of good behavior.
Following the verdict, Gardner appealed to the High Court, challenging the strength of the evidence and the severity of the sentence. However, his appeal was rejected, with the court affirming the trial court’s decision and finding no basis for claims of prosecutorial misconduct or leniency.
Unsatisfied, Gardner escalated the case to the Supreme Court, arguing misdirection by the lower courts and alleging procedural irregularities.
Yet, the Supreme Court upheld the previous rulings, emphasizing the credibility of the complainants’ testimonies and the corroborative evidence presented.
The judges emphasized Gardner’s delayed attempt to raise concerns about procedural irregularities and highlighted his own actions, such as a written apology for an inappropriate incident, as corroborating the victims’ accounts.
In their final verdict, the Supreme Court judges dismissed Gardner’s appeal, affirming his conviction and underscoring the importance of corroborative evidence in establishing guilt beyond a reasonable doubt.
