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Tendai Rupapa Senior Court Reporter
A 54-year-old detective who stole 33 kilogrammes of mbanje with a street value of US$3 300 which was part of a consignment being taken to court as an exhibit has been jailed for an effective one year. Detective Constable Shadreck Chingoma Mutota who is stationed at CID Studios in Harare as a photographer, appeared before magistrate Ms Anita Tshuma who sentenced him to two years.
One year was set aside on condition of good behaviour.
In passing the sentence, Ms Tshuma said that evidence against Mutota was overwhelming therefore destroying his defence.
“The State managed to prove its case beyond any reasonable doubt. There is no reason why witnesses would lie against him since there is no bad blood,” she said.
In mitigation Mutota’s lawyer, Mr Everson Chatambudza urged the court to be lenient with Mutota arguing that he was likely to lose his job hence had suffered enough.
“Your worship the accused is a first offender hence must be treated with leniency. Through this conviction, accused will lose his employment and chances of him regaining employment anywhere is next to zero.
“As frail as he is, it is not in the interest of justice that he be sent to jail. A fine or community service will meet the justice of the offence,” he said.
However, in aggravation, prosecutor Ms Francesca Mukumbiri said that community service or fine would trivialise the offence.
She said Mutota’s actions tarnished the image of the police force.
“He is an officer who is the custodian of the law with 31 years experience in the force. One wonders what example he is teaching his juniors,” she said.
On May 15, the exhibit officer released Exhibit Number 33/13 comprising of 21 bags of mbanje stashed in 90kg sacks, one 50kg sack and three carrier bags from the exhibit room in transit to court.
He ordered general hand workers at Harare Central police station to assist CID Drugs detectives to carry the sacks to a police vehicle that was parked in the yard that would take the exhibit to Harare magistrates’ court.
Mutota joined in without being invited and carried two sacks on different occasions.
He took one of the sacks to the vehicle before stealing the other sack.
It was later discovered that one sack was missing and investigations were launched.
Two detectives proceeded to CID Studios where a search was conducted in Mutota’s office and a sack was recovered in a built-in cupboard covered with his dust coat.
He was later arrested when he returned to the office and during the time of arrest, he apologised for possessing mbanje.
Online Reporter