Duo to learn fate

Paidamoyo Bore

HIGH Court Judge, Justice Fatima Maxwell, has postponed the case of two men, who are being accused of robbing a vehicle, to today, for bail ruling.

Phineas Lenin Moyo and Edrin Kudzanai Kambarami initially appeared before Harare regional magistrate, Stanford Mambanje, accused of allegedly hijacking a taxi driver, whom they had hired to take them to Lonchivar.

They were denied bail and advised to approach the High Court.

The duo’s defence counsel submitted that his clients were innocent and vehemently denied the allegations.

Yesterday, Justice Maxwell said:

“You have tendered other documents which the court wants to go through before it’s ruling hence I postpone this matter.”

The duo’s lawyer said the State failed to give plausible facts linking the duo to the crime.

He further submitted that State relied on information that is on the Form 242 and failed to mention the said complainant. “The State kept on saying the complainant, complainant, but failed to tell the court who the complainant is.

“They did not identify the complainant either by name, gender or age.”

He added:

“My clients are also gainfully employed and the State’s submission that they will continue to commit crimes is invalid.” Justice Maxwell then asked the lawyer for the proof that his clients are gainfully employed which he failed to give to the court.

“Is there any proof of employment?

“You did not consider to make a confirmation if they are truly employed,” said the Judge.

The State went on to submit the duo were not proper candidates for bail because the robbery was conducted in aggravating circumstances.

It is the State’s that  on January 30, this year, at around 11 o’clock in the evening along Mbuya Nehanda Street, Moyo and Kambarami hired the complainant, who is a pirate taxi driver, to Lochinvar.

Along the way, one of the duo produced a knife and threatened the complainant and ordered him to stop the vehicle.

The pair then grabbed the complainant by the neck, searched him and stole his cash and a Huawei cellphone.