adminFrom Leonard Ncube in Hwange
THE case of professional hunter, Theodore Herbert Christian Bronkhorst, who allegedly facilitated the killing of an iconic lion, Cecil, took a new twist yesterday when the defence counsel objected to indictment while the State turned co-accused, Trymore Honest Ndlovu, into a witness. Advocate Pepertua Dube, of Advocate’s Chambers in Bulawayo, instructed by Givemore Muviringi of Dube and Company is representing Bronkhorst, 52, of Riverside suburb in Bulawayo. The professional hunter is facing a charge of failing to prevent an illegal hunt.
Adv Dube made two applications, one for exception, which would result in the quashing of charges if the magistrate grants the application and the other one for referral to the Constitutional Court.
The case had been transferred from the provincial courts to the regional court because of its profile. Hwange regional magistrate, Dambudzo Malunga, presided over the matter yesterday.
“This matter had been set for trial today but the accused has elected to use his right in terms of Section 180 of the Criminal Procedure and Evidence Act and Section of the same Act (As Read With) Section 171 of the same Act. We are filing for an exception to quash indictment in terms of the said sections and also file another application in terms of Section 175(4) of the country’s Constitution for a referral of the case of the Constitutional Court,” said Adv Dube.
The application for exception means that if granted by the magistrate, Bronkhorst, who is out of custody on $1,000 bail, will be a free man and trial would not proceed.
The defence’s application is based on the grounds that “the charge is not clear while the circumstances don’t warrant a criminal offence,” hence the second application to have the matter referred to the Constitutional Court.
Adv Dube, told magistrate Malunga that the defence would file detailed submissions in substantiation of the application for exception and an affidavit as required by the Constitutional Court by Friday this week.
Prosecuting, Namatirai Ngwasha said she needed time to research before she could respond to the application.
“The State can confirm receiving an application to quash indictment and another one for referral to the Constitutional Court but we will need time to research and make an informed response,” said Ngwasha.
The case was then postponed to October 15, when Malunga would have made a decision and is expected to rule whether it goes for trial or charges are thrown away.
Ndlovu, the owner of Antoinette Farm in Gwayi where Cecil was killed in early July and was initially arrested together with Bronkhorst, stood in the witness stand alongside four others.
These are Linda Maphosa from Umguza Rural District Council where the hunt was initially supposed to take place, Trumber Jura, from Parks and Wildlife Hwange Main Camp, Cornelius Ncube and Ndabezinhle Ndebele who witnessed the shooting.
Bronkhorst, owner of Bushmen Safaris, recently had his bail conditions altered as he has now to report at Hillside Police Station in Bulawayo three times a week compared to once a week.
The collared lion which had a GPS tracker, was monitored for research purposes by Oxford University of UK.
American dentist, Walter Palmer, allegedly used a bow and arrow to shoot Cecil and finished him off hours later, after luring him out of his protected area with another animal’s carcass in early July. It is alleged that Palmer paid about $50,000 to Bronkhorst to kill the lion.
It was not clear yesterday whether charges against Ndlovu would be dropped since he is now a State witness.
His trial date is October 10.
Bronkhorst was accompanied by a man and a woman who appeared to be his family. They were driving in a Toyota Hilux loaded with provisions.
Bronkhorst faces other charges of conspiring with three South African nationals to smuggle wildlife and unlawful movement of 29 sables worth $435,000 into South Africa.
The sables were being smuggled through an illegal exit point along the Limpopo River.
In the Beitbridge court, Bronkhorst is on $500 bail while the three South Africans, Edwin Hewitt, 49, Hedrick Blignaut, 41, and John Herbert Pretorius, 49, have also been charged.
He also faces a charge of unlawfully breeding sables at Douglasdale in Bulawayo.
Online Reporter