Bail for jailed cops

FOUR of the seven police detectives from the homicide unit who were recently arrested on charges of theft and criminal abuse of office have been released on US$200 bail pending trial at the High Court.

The release of the quartet from remand prison follows the granting of bail to three of their accomplices last week.

Bulawayo High Court judge, Justice Ngoni Nduna released Wellington Masuna, Kuziwa Dennis Zambuko, Fakazi Swati, and Clemence Mbofana on bail.

As part of the bail conditions, the four were ordered not to interfere with witnesses, reside at their given addresses and report to the Bulawayo Central Police Station once a week.

The ruling by Justice Nduna follows an application for bail pending trial by the four applicants through their lawyer, Mr Goodluck Katanaire of Mutuso, Taruvinga and Mhiribidi Attorneys. The other three are being represented by Mr Prince Butshe Dube of Mathonsi Ncube Law Chambers and were granted bail on similar conditions.

They are set to appear in court on December 18.

The seven were arrested on allegations of theft, criminal abuse of office and obstruction of justice after they were reportedly contracted to carry out an illegal operation using state resources.

The State opposed their bail application, arguing that there was a likelihood of them absconding and interfering with witnesses.

“The accused might violate or jeopardise the investigations and proper functioning of the criminal justice system, as evidenced by an incident, which happened at Bulawayo Central Police Station before detention in police cells,” read the court documents.

“The accused persons in agreement with their police colleagues disregarded police authority and removed their handcuffs without prior authority from the investigators. The accused persons further refused to cooperate with investigators despite the effort to restrict them by using handcuffs.”

A case of obstruction or defeating the course of justice was opened against the accused’s accomplices under Bulawayo Central Police CR 402/10/24.

It is alleged that on October 7, Masuna, Zambuko, Swati and Mbofana received a call from one Lista Chipuriro, an artisanal miner based at Nugget Mine in Matopos seeking their services to recover gold ore and nuggets which were allegedly stolen by one Petros Daki, who is the complainant in the matter.

“The accused persons led by Zambuko accepted the request knowing that Nugget Mine lies under the jurisdiction of ZRP Matopos and CID Minerals Fauna and Flora Unit in Plumtree and with the knowledge that Lista Chipuriro had engaged them to carry out unsanctioned investigations,” read the court documents.

“Thereafter, the accused persons using a police vehicle intercepted the complainant who was in Shepherd Nyoni’s vehicle, a Toyota Bubble at Cecil Hotel, Corner 3rd Avenue and Fife Street in Bulawayo.”

It was stated that Zambuko, Swati and Mbofana, using the same police vehicle took the complainant, Shepherd Nyoni and Costa Mathe to a house in Pumula South, where they unlawfully recovered cash amounting to US$23 700 from the complainant’s mother Thenjiwe Dube.

It was further alleged the quartet then drove back to CID Homicide offices, where Zambuko gave US$7 800 to Daki, as money they had recovered.

“The accused persons well knowingly that they were not conducting official investigations unlawfully and intentionally confiscated the US$15 900 from the complainant and converted it to their own use, thus acting contrary to or inconsistent with their duties as public officers to confer an undue benefit to themselves and prejudice to the State,” read the documents.

At around 5pm, the four also impounded a vehicle belonging to Daki, which he had bought using proceeds of the alleged stolen gold ore.

“The four again using the same police vehicle took Petros Daki and Costa Mathe to Cowdray Park, where they unlawfully recovered cash amounting to US$2 000 from the complainant’s wife, Prosper Moyo.

“Soon after taking the complainant’s money, Swati handed back US$500 alleging that the remainder was not his. Upon arrival at CID Homicide offices at Bulawayo Central Police, the accused person released the complainant’s vehicle into his custody,” the court heard.

At the same time, they dismissed Lista Chipuriro and Costa Mathe from the station, indicating that both parties were to pursue the matter in the civil courts.

Court records state that on October 24, Muchingami, Mugabe and Katazo, who were armed with service pistols tried to prevent Zambuko, Mbofana, Swati and Masuna from being detained after they were taken to the police station by other detectives.

“Circumstances are that on October 24, 2024, the accused persons who were all armed with service pistols violently hindered the police from detaining lawfully arrested accused persons by removing the handcuffs thereby setting them free,” read the documents.