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Leonard Ncube Court Reporter
“I didn’t write that statement and that is not my signature,” a businessman told a lawyer in court on Friday as he disowned a statement allegedly recorded from him by police.Blessed Gumbo, 45, who runs Aten 3 Mine in Mberengwa, was brought to court as a witness to testify against Clever Khumalo and Sipho Mafu suspected members of a cyanide poaching syndicate.
Khumalo of Bulawayo and Mafu, a villager from Tsholotsho, could have set one foot towards their possible freedom after the State withdrew two counts after plea on Friday.
“The State wishes to withdraw counts three and four after plea for lack of evidence. This is after consultations with the investigation officer and prosecution and the feeling is that the State is handicapped,” submitted Goodluck Katenaire.
The magistrate, Sikhumbuzo Nyathi found Ndebele and Mafu not guilty on the two counts and acquitted them. The two were facing counts of violating the Environment Management Act, being found in possession of ivory, illegal hunting and poaching.
Their trial continues on January 6, 2014 when Brighton Ndove of Marondedze, Mukuku, Ndove and Partners, representing Khumalo, wishes to apply for bail pending trial. Dumisani Dube of Cheda and Partners representing Mafu applied for discharge and is supposed to avail written submissions before the next remand date.
Gumbo disowned a statement he supposedly made to the police in relation to the issue.
“The police never recorded a statement from me about Khumalo. I gave a statement of bribery,” he said as he also disowned the signature on the statement which was read before court by Ndove.
However, Gumbo confirmed that at some point, Khumalo told him that he was in Harare and was in trouble with the police. Gumbo said he had phoned Khumalo to inquire about $12, 000 the accused person owes him for a car he sold him last year.
He told the court that Khumalo was his personal friend while Mafu was not known to him. Gumbo told the court that while in Bulawayo, Khumalo phoned him asking him to carry some money for him to give to Detective Assistant Inspector Alouis Gakata.
Khumalo allegedly fled leaving a car belonging to Anna Moyo in Harare where he and a Congolese Daniel Mpa had been rounded up by Det Assist Insp Gakata and four other detectives.
It is the State’s case that Khumalo, Moyo, Moyo’s husband Nduna and Gene Mvereche phoned Gumbo and gave him $3,000 to give to Det Assist Insp Gakata to clear Khumalo and the car.
The detectives demanded more money and Moyo sourced $10,000. Det Asst Insp Gakata and his four subordinates are also in court for bribery over the issue.
Mvereche, Moyo and her husband have since testified in court. Khumalo and Mafu are said to be members of a gang that would administer cyanide on watering points for elephants in the Hwange National Park, killing the animals.
The State would seek to prove that sometime in July 2012, Khumalo and Mafu together with others hatched a plan to hunt elephants at the Hwange National Park using cyanide.
They allegedly mixed salt with the poisonous substance and administered it on watering points and trails to trap elephants.
The court was told that they allegedly killed 11 jumbos and removed 21 tusks which they took to Harare for sale.
In Harare the syndicate allegedly met Mpa but were arrested by police leading to the recovery of the 21 tusks weighing 249kg with a street value of $62,250.
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