adminMarvelous Moyo Gwanda Correspondent
TWO Gwanda police officers have been convicted of stealing 10 head of cattle.
The crime was committed in July at Phikelela grazing lands. Brodrick Moyo, 27, allegedly stole the beasts with an accomplice, Victor Mwene, and connived with fellow officer, Pirate Mazarire, 30, to get a clearance to move the animals from Filabusi to Bulawayo.
The plan hit a snag when the manager at an abattoir where they had taken the cattle for slaughter became suspicious and alerted the police.
The police officers, through their lawyer Thompson Mabhikwa, pleaded not guilty to stock theft charges and the alternative charge of criminal abuse of duty as public officers when they were arraigned before Matabeleland South Provincial magistrate-in-charge Reuben Mukavhi.
But after assessing evidence produced by the state represented by Mncedisi Dube, the magistrate convicted Moyo of stock theft and Mazarire was found guilty of criminal abuse of office.
Magistrate Mukavhi said there was overwhelming evidence showing that Moyo was an accomplice in the commission of the crime, together with another, Victor Mwene, who is still on the run.
The officers will be sentenced on Monday.
In passing the judgement, Mukavhi said evidence produced in court revealed that although Moyo was not an actual perpetrator of stock theft, he was aware of the sinister motives of Mwene and one Tichafa Shumba to steal the beasts.
“I’ve no doubt that accused one (Moyo) rendered assistance to Mwene and Shumba to steal cattle, he’s their accomplice. I’m satisfied beyond doubt that Mwene stole the ten beasts and accused one rendered assistance to Mwene to commit that crime,” said magistrate Mukavhi.
Mazarire was acquitted of stock theft charges but guilty of criminal abuse of duty as a public officer by issuing a livestock clearance certificate without even seeing the livestock after being approached and influenced by Moyo.
“It’s not doubtful that what accused two did when he issued what he called a clearance certificate acted contrary to his duties as a police officer. It doesn’t require prophetic intelligence to conclude that he did what he did in order to show favour to accused one (Moyo) and his colleagues.
“Accused two communicated on countless occasions with suspects that were evading investigating officers. He was not part of the investigating team, what then was his interest in having countless phone calls with fugitives? I don’t see any reason why I should’nt conclude that his countless phone calls with the fugitives sought to supply them with information on the progress of the investigations and this was contrary to his duties,” said Mukavhi.
Prosecuting, Dube said Moyo and his accomplices who are still at large stole ten head of cattle at Phikelela grazing area in Filabusi and drove them to a secluded place while waiting for a dubious police clearance and transportation.
He said Moyo influenced Mazarire who was on duty at Selonga Police Base to clear the stolen stock without seeing them physically as per the procedure.
Moyo, Mwene and Shumba then proceeded to acquire a permit for the movement of the animals at Ntepe Animal Health Centre after misrepresenting some facts and misleading the veterinary officer.
“On July 15, 2014 the accused persons at large delivered ten head of cattle at Mvutsha Abattoir in Bulawayo for direct slaughter and tendered the forged clearance form and movement of animal permit.
“The manager of Mvutsha Abattoir, Terrence Hill, got suspicious on the tendered clearance forms. The general description of the stock was not tallying with the delivered stock. There were two heifers not appearing on the clearance form and movement of animal permit,” Dube said.
Moyo received $395 from Shumba to bribe the investigating officer but the bid failed leading to the arrest of the two cops.
The total value of the stolen cattle, belonging to seven complainants, was $5,050.
Londile Moyo
Online Reporter