adminThe trial of Thabani Maziya and Artwell Nkala could not continue because the magistrate dealing with the case, Mrs Fadzai Mthombeni, has now moved to Harare. The prosecutor, who was dealing with the case, Mr Patrobs Dube, had his practising certificate withdrawn.
The Attorney-General, Mr Johannes Tomana, withdrew the practising certificates of leaders of the Zimbabwe Law Officers’ Association after their members embarked on a nationwide strike.
Mrs Mthombeni has already ruled that Maziya, the injiva, and Nkala have a case to answer and they now have to be placed on their defence.
Their lawyers, Mr Robinson Mahachi, of T Hara and Partners, for Maziya and Mr Munyaradzi Nzarayapenga, of Dube-Banda, Nzarayapenga and Partners, for Nkala, tried to have their clients granted bail pending the finalisation of their case but Bulawayo regional magistrate Mr Owen Tagu advised them to approach the High Court.
Mrs Mthombeni ruled that the State had failed to prove a prima facie case against a second detective, President Masukume and noted that Mr Dube had conceded that the State had failed to prove a case against him especially with regards to identity.
He was found not guilty and acquitted at the close of the State case.
Maziya (33), of 22 Cedarberg Heights, Berea, South Africa and 8849 Cowdray Park, Nkala (35), of 7918 Sizinda and Masukume (43), of Nkulumane Police Camp, in December 2010 pleaded not guilty to aggravated robbery and two counts of kidnapping.
It is the State case that on 28 April 2010, at about 6 am, Maziya and Nkala in the company of three others, who are still at large, Jethro Mpofu, Richard Shaba and Saziso Tshongwe, went to Mr Remigious Ndebele’s homestead in the Madlambudzi area of Bulilima district.
They were driving a Toyota Hilux twin cab belonging to Maziya.
At the homestead, the State alleges that they demanded from Mr Ndebele’s wife, Stella, cash amounting to R50 000 allegedly at gunpoint.
They managed to get R10 000, which was in the custody of Mrs Ndebele after allegedly instilling fear in her.
They allegedly forced Mr Ndebele’s wife and his sister into their vehicle and drove them to Bulawayo under guard and went to Mr Teddy Ndebele’s house in Lobengula West thinking they would get more money.
The gang, which was alleging that Teddy had stolen money in South Africa, allegedly introduced themselves as police officers from Pretoria in South Africa accompanied by their Zimbabwean counterparts from Beitbridge.
After failing to get any cash from Teddy’s house, they left Mrs Ndebele and her sister-in-law behind and went away with the R10 000 they had allegedly stolen in Madlambudzi.
Online Reporter