Amnesty convict back in court

Emily Mbewe Court reporter
A MAN released from prison under a presidential amnesty in 2013 is back in court facing 11 counts of armed robbery and one count of aggravated rape. Nkosilathi Mthombeni, 30, of Cement Siding, angered regional magistrate Chrispen Mberewere when he suddenly started behaving as if he was mentally challenged when the trial kicked off on Monday.

Mthombeni’s trial has failed to start at the Bulawayo magistrate courts a number of times because of his antics. He is accused committing 11 counts of armed robbery with two unknown accomplices who are still at large.

In one of the robberies, Mthombeni and his crew allegedly gang-raped the victim who was menstruating, while another woman fled naked.

Mberewere blasted Mthombeni when he started acting as if he was possessed.

Mthombeni demanded an adjournment saying he would not entertain more than two witnesses in one day.

“You’re facing serious allegations where it is alleged that you robbed and raped some of your victims. I think it’s high time you took it seriously. I advise you to stop the melodrama because you’re wasting the court’s time,” said Mberewere.

Prosecuting, Masimba Saruwaka told the court that on August 19, 2010, Progress Ndlovu was waiting for transport at the corner of Robert Mugabe Way and 13th Avenue in Bulawayo.

Mthombeni, who was with his two friends, were driving a Mazda 323 vehicle and offered Ndlovu a lift to Famona.

“Whilst in the car near Gifford High School, the trio produced knives and covered Ndlovu’s head with a sack and robbed him of $35 and his mobile phone,” said Saruwaka.

On September 7 the same year, at around 7PM, Shadreck Mafuta was driving his white Nissan Sunny vehicle when the trio pretended they wanted transport into the city centre at the intersection of Leopold Takawira and George Avenue.

“Immediately after boarding the vehicle, the trio produced knives and ordered Mafuta to stop the vehicle and ordered him to jump to the backseat where he was forced to lie facing downwards,” said Saruwaka.

He told the court that that the trio drove the vehicle to a bushy area near Kumalo suburb where they force-marched Mafuta to a nearby tree and tied him using seat belts they had cut from the vehicle.

They robbed him of $210.

“On September 11, they used the same method to rob Godwin Dube of his vehicle valued at $2,090,” said Saruwaka.

The court heard that the same day at around 9PM, the three men were driving a Madza vehicle when they offered Hendrix Gweshero a lift to Ilanda suburb.

When they got to Livingstone Avenue in Suburbs, the trio produced knives and robbed him of property valued at $153.

Saruwaka told the court that on the same night, an hour later, Sylivia Mlauzi was waiting for transport at the corner of Robert Mugabe Way and 12th Avenue when the trio pulled over and offered her a lift to the United Bulawayo Hospitals.

“When they got to Livingstone Avenue in Suburbs, the trio produced knives and robbed Mlauzi of property worth $82 including her jeans and ladies panties she was wearing.

“The men then force marched her to a nearby bush where they tried to rape her but she managed to escape, naked,” the prosecutor said.

The court heard that on the same day, the trio continued their robbing spree when they gave a lift to a woman who was going to Pumula suburb.

When they got Hyde Park cemetery, they stopped the vehicle and tore the victim’s clothes using a knife before taking turns to rape her.

The court heard the woman was menstruating. His alleged victims picked out Mthombeni at a police identification parade.

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