Online Reporter
Danisa Masuku, [email protected]
A man who is serving 12 years in prison for stealing an Isuzu double-cab belonging to Zanu-PF Council of Elders’ member and former Bulawayo Provincial Affairs and Devolution Minister, Cde Angeline Masuku, after hacking the driver with a machete and leaving him for dead, has had his appeal dismissed.
Enock Mukwande Marange appeared before Bulawayo High Court judges, Justice Bongani Ndlovu and Justice Munamato Mutevedzi on Friday.
Through his legal representative, he argued that he was convicted based on speculation and suspicion adding that the investigating officer did not conduct proper procedures to positively identify him.
“The offender will also argue that his case was not fairly tried, as he was suspected of having stolen a car from a politician and a big name in a political party.
“The court failed to summon Shepherd Ndlovu to answer the charges of selling a stolen car. The court erred in that it relied on evidence from the key witness, who did not positively identify the accused and admitted in his evidence that he did not recognise the assailants who assaulted him.”
Marange further said: “The court did not investigate the accused’s defence that he was not at the crime scene on the fateful day. The State relied on circumstantial evidence linking the accused to the crime.”
However, Chief Prosecutor Mr Kudakwashe Jaravaza argued that the State proved its case beyond reasonable doubt and that Marange was found in possession of the car.
“He failed to produce relevant documents proving that he bought the car from a man named Shepherd Moyo. The accused was found in possession of a vehicle suspected to have been stolen, failed to prove how he bought it and did not call a witness to prove that he had indeed purchased the vehicle,” submitted Mr Jaravaza.
He further told the court that the vehicle was stolen on 7 September 2022 after the driver, Mr Petros Moyo, parked it at an overnight parking space in the Cowdray Park suburb.
The court heard that Mr Moyo was attacked by two machete-wielding men while walking home through a bushy area after parking the vehicle.
“The complainant was holding a broom and tried to defend himself by swinging it at Marange. However, one of the suspects tripped him and he fell to the ground. They continued attacking him with machetes while demanding the car keys,” said Mr Jaravaza.
Mr Moyo lost consciousness during the attack and the suspects searched him and took the car keys. They then went back to the overnight parking area, where they stole the vehicle and drove away.
Mr Moyo later regained consciousness and was assisted by a Good Samaritan, who took him to the police station to report the incident, the court heard.
He was rushed to Mpilo Central Hospital, where he was hospitalised for six days.
The car was recovered after detectives from the Vehicle Theft Squad (VTS) in Harare and Bulawayo collaborated. The vehicle was found with a Harare man, who told the police that he had bought it from Marange.
Mr Jaravaza said initially, Marange denied any knowledge of the vehicle, but after interrogation, he admitted to stealing it.
