adminMashudu Netsianda Senior Court Reporter
THE two detectives who were accused of extorting R80 000 from two gold dealers had every reason to smile after they were acquitted of the charges. Moses Taruva (36) of Flat D5 Ross Camp and assigned to the Criminal Investigations Department (CID) Residential and Godfrey Moyo (38) of Sibet Court, at the corner of Jason Moyo Street and 14th Avenue, and attached to CID Theft at Bulawayo Central Police Station, had pleaded not guilty to extortion charges before Western Commonage magistrate Mrs Tancy Dube.
In acquitting them, Mrs Dube cited inconsistency in the testimonies given by key State witnesses.
“There was inconsistency in the statements by witnesses. The evidence given by first and second witnesses is similar while the third one, a police officer, gave a conflicting statement.
The complainant and the first witness said that Taruva and Moyo assaulted them yet the third witness said they were never assaulted. The complainant said the two detectives used a gun to threaten them while the third one denied it.
“If at all the gun was brandished, the two men (Taruva and Moyo) would have been charged with armed robbery charges not extortion and that was not mentioned to the police. To me during cross-examination, it appears that it was fabrication made by the complainants to strengthen their case not knowing that they were actually weakening it and that is where the issue of credibility arises,” said Mrs Dube.
She also noted that the key witness in the case, Evelyn Tshabalala, who was alleged to be keeping the money, is mentally challenged.
“The key witness is mentally challenged and one wonders how she would keep such a huge amount and furthermore nothing is mentioned of what became of the outstanding R20 000 and basing on those facts, I find the accused persons not guilty and acquitted,” said Mrs Dube.
It is alleged that the two detectives extorted money from Mr Jabulani Gwizi and Mr Aleck Zikhali after threatening to arrest them for smuggling gold to South Africa.
The two detectives allegedly told their victims they were lucky to be alive as they had been sent to arrest and kill them by the South African Police Service.
Allegations against Taruva and Moyo were that on 1 September, the two who were off duty, hatched a plan to extort money from the complainants and drove to Luveve Police Station in a vehicle driven by Moyo.
Mr Tony Kamudyariwa prosecuting, said the two detectives were armed with a service pistol and phoned Constable Nyamukanya who was on duty at Luveve Police Station.
It is alleged that the two misrepresented to him that they wanted to arrest Mr Gwizi for a series of unlawful entry cases and they wanted a police officer in uniform to escort them.
When they got to House Number 1016 Emakhandeni, they handcuffed Messrs Gwizi and Zikhali, who they allegedly started assaulting before shoving them into their car.
The court was told that they drove to Luveve Police Station where they dropped Const Nyamukanya after allegedly telling him that they were taking the two complainants to Bulawayo Central Police Station.
It is alleged that the two detectives demanded a bribe of R100 000 and fearing for their lives, Messrs Gwizi and Zikhali told them that they had some money in Mpopoma. They allegedly drove to a house in Mpopoma where the two detectives took away R80 000 and a cash box and left the complainants with R20 000.
The court was told that the detectives took the two complainants to Western Commonage Police Station where they were helped by Const Chinanzvire to uncuff them.
Taruva and Moyo allegedly dumped Messrs Gwizi and Zikhali at Nguboyenja flyover after warning them not to tell anyone about what had happened.
The two complainants reported the matter to the police on 2 September leading to the arrest of the two.
The money and cash box were not recovered.
Taruva and Moyo were represented by Mr David Mhiribidi of D W Mhiribidi and Company.
Online Reporter