adminMarvelous Moyo Gwanda Correspondent
A GWANDA policeman has been sentenced to an effective 10 years in prison for stealing 10 head of cattle from Filabusi villagers.
Brodrick Moyo, 27, pleaded not guilty to stocktheft charges but was convicted by Matabeleland South Provincial magistrate-in-charge Reuben Mukavhi on Monday due to overwhelming evidence.
The court concluded that Moyo was an accomplice to two suspects, Victor Mwene and Tichafa Shumba, who are still at large, in stealing the 10 beasts. Mukavhi made a ruling that there were no special circumstances in Moyo’s case that could have saved him from getting a minimum mandatory stocktheft sentence of nine years.
He said Moyo deserved a sentence slightly higher than the mandatory one.
Mukavhi said he had taken into consideration that Moyo was a youthful first offender, with a young family and that he had lost his job and other benefits he was likely to get.
The magistrate said that the loss was a serious punishment to Moyo and his family.
Mukavhi also considered that Moyo had been in remand prison since his arrest about three months ago. The magistrate said Moyo was guilty of knowingly assisting cattle thieves despite being a law enforcement agent.
“What’s aggravating in this case is that he rendered help to Mwene and Shumba well knowing that they were going to steal cattle. This conduct is inexcusable.
“Accused was a police officer, he was supposed to uphold and not break the law. It was his duty to enforce the law. Indeed the question of who will police the police comes to the fore in view of what accused did,” said Mukavhi.
In committing the offence, Moyo also influenced another officer, Pirate Mazarire, 30, to issue a livestock clearance certificate without physically seeing the livestock.
“Moyo used a fellow police officer in his criminal enterprise and because of that Mazarire will also lose his job.
“Moyo should have committed his crimes on his own without dragging other police officers into it. Moral blameworthiness is therefore very high,” Mukavhi said.
Mazarire was acquitted of stocktheft charges but convicted of criminal abuse of office as a public officer and got a six-month sentence which was suspended for five years on condition he did not commit a similar offence within that period
In sentencing him, Mukavhi said he did not find any facts that showed that he was aware of Moyo’s ill motives but was instead used.
He said Mazarire’s moral blameworthiness was very low and for such reasons, the magistrate treated him with leniency.
“Mazarire was unduly influenced by Moyo who is his senior at work. He would not have issued that livestock clearance certificate had it not been for Moyo,” said Mukavhi.
He also considered that Mazarire had lost his job.“I think it’s safe to say his loss is very painful,” Mukavhi said.
“The only aggravating circumstance was that Mazarire did not show any remorse throughout the trial for what he did but instead tried to shield Moyo, said Mukavhi.
The 10 beasts which were stolen from Phikelela grazing lands in Filabusi belong to seven villagers.
They were recovered on July 15, 2014 at Mvutsha Abattoir in Bulawayo where they had been taken for direct slaughter.
Police got a tip off leading to Moyo and Mazarire’s arrest.
derick.khumalo