Bulawayo trio cleared in US$2 000 armed robbery case

A BULAWAYO couple and their alleged accomplice accused of raiding a financial services outlet in Entumbane suburb and allegedly getting away with almost US$2 000, a laptop and cellphone at gunpoint, have been acquitted.

Content Mguni and his partner Nyarai Nyachijeka, both of Mahatshula suburb, together with Elton Nzima of Lobengula West, had been accused of robbing Tottengram Financial Services in Entumbane suburb at gunpoint and stealing US$1 633, a laptop and a cellphone when they appeared before Western Commonage Regional Magistrate Mr Pasipanodya Maturure

The magistrate acquitted the trio after finding that key evidence presented by the prosecution was unreliable.

He ruled that the State failed to prove its case beyond reasonable doubt, citing a flawed identification parade and contradictory witness testimony.

Mr Maturure said the identification parade, which formed part of the State’s evidence, had not been conducted in accordance with established procedures.

“It came to light in court that the investigating officer participated in carrying out the identification parade, and that was procedurally wrong because he was an interested party. An identification parade is supposed to be conducted by an independent police officer,” he said.

The magistrate also found significant inconsistencies in the evidence given by prosecution witnesses, casting doubt on the reliability of their identification of the accused.

“One witness told this court that Mguni was wearing a red overall, while another said he was wearing a white overall,” said Mr Maturure.

“Another witness told the court that after he had been severely attacked by the accused persons, he managed to capture the registration number of their getaway vehicle. It is unbelievable that a person who has just been attacked could manage to do so.”

He further questioned another witness’s claim of positively identifying the suspects despite stating that the getaway vehicle had heavily tinted windows.

“Another witness told this court that the accused persons’ vehicle had tinted windows, leaving one to wonder how he managed to identify them given the poor visibility,” the magistrate said.

Following the ruling, the court found that the State had failed to establish the guilt of the accused beyond reasonable doubt and acquitted all three.

Mguni and Nyachijeka were represented by Mr Simbarashe Innocent Madzivire of Mashayamombe Law Firm, while Nzima was represented by Mr Ndabezinhle Sibanda.

According to the State case, led by Ms Christine Manyika, the robbery allegedly occurred on March 21, 2024, after the accused allegedly conspired with Alfred Ncube and another suspect identified only as Nkosi, who remains at large.

The prosecution alleged that the group drove to Tottengram Financial Services in a black Mazda CX-5, with Mguni behind the wheel, while Nyachijeka allegedly remained in the vehicle parked behind the premises.

The court heard that Nzima allegedly armed himself with a firearm, while Ncube and Nkosi allegedly carried Okapi knives before entering the financial services outlet.

The trio allegedly threatened the complainant and a colleague with death, ordering them to lie on the floor before demanding cash.

The State alleged that they stole US$1 633, a laptop and a mobile phone before fleeing the scene.