adminMashudu Netsianda Senior Court Reporter
A BULAWAYO auctioneer and businessman Mr Raphael John Masuku who was recently acquitted of motor vehicle theft charges, is involved in a bitter wrangle with the police over a Toyota Hiace vehicle, which he was initially accused of having stolen.
Mr Masuku alleges that police were refusing to release the vehicle at the centre of controversy and they are allegedly demanding bribes.
Mr Masuku was arrested on 27 January last year by detectives from Vehicle Theft Squad on charges of possessing a stolen car.
His first court appearance was on 30 January before the provincial magistrate, Mr Victor Mpofu.
According to court documents in possession of Chronicle, the matter was taken to the regional court during which it was proved beyond reasonable doubt that Mr Masuku was not guilty following a full trial.
He was then acquitted by Mrs Judith Zuyu.
Mr Masuku is accusing police of violating a court order by releasing the car to the complainant despite a court order to keep the vehicle pending finalisation of the matter.
“The law is very clear that exhibits are supposed to be kept by police until the matter is finalised but police acted outside the law when they released the car to its purported owner in defiance of the court order. They are now refusing to surrender the car to me following the outcome of the case, which was in my favour, arguing that I should produce a court order.
“They have taken the law into their own hands and right now they are holding onto my car demanding to be bribed first. These police officers should be arrested,” he said.
When the car was released to the complainant, Ms Senzeni Mutanga, she allegedly tampered with the evidence and inscribed the vehicle’s registration number on the roof ray.
However, according to court documents, a clear look on the inscription by the court showed that it was a fresh inscription.
In her judgment, Mrs Zuyu said the provincial court had given an order that the vehicle was to remain in police custody until the case was finalised. She said the police did not comply with the order.
“The police should have simply kept the vehicle until the case was finalised. This would have avoided further tampering as well as manufacturing of evidence. In fact, such an inscription was not contained in the witness statement and the answer for such an omission is clear- it was an inscription that was put when the vehicle was already in the complainant’s possession,” read part of the judgment.
In acquitting Mr Masuku, the magistrate said: “The State bears the onus of proving each element beyond reasonable doubt. The evidence before the courts is just but on the balance of probabilities and it is for that reason that the accused will get the benefit of the doubt. Not guilty and acquitted.”
Mr Masuku said soon after his acquittal on 9 September, he went to the police demanding his car back but ever since that time they have been bickering.
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