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Court Reporter
THE four detectives from Harare who are facing charges of demanding and accepting a $10 000 bribe from the elephant poaching syndicate will know whether they will be granted bail today.However, the State seeks to invoke Section 121 of the Criminal Procedure and Evidence Act to make sure the four remain in custody because of the gravity of the offence.
The State’s decision is based on the fact that at least 95 elephants have so far died at Hwange National Park as a result of cyanide poisoning.
Detective Assistant Inspector Alois Gakata and his three subordinates, Detective Sergeant Wellington Jena, Detective Constables Shadreck Rore and Donald Dube applied for bail through their lawyers Mutsahuni Chikore and Partners on Friday.
Bulawayo magistrate Ms Gladmore Mushove postponed bail ruling to today. However, according to court documents, the State led by Ms Caroline Matanga would invoke Section 121, which overrides granting of bail.
The State fears that Gakata (38), Jena (39), Rore (35) and Dube (25) are a flight risk since an accomplice who is also a detective in Harare is on the run.
Investigations are also still underway as witnesses are yet to be interviewed and if granted bail, the accused would interfere with investigations, according to court documents.
In their bail application, the four detectives submitted that they were not a flight risk as they were employed and were family persons with permanent places of residence.
Gakata, Jena, Rore and Dube were implicated by Clever Khumalo (44) and Nduna Moyo who had been arrested for delivering, or offering toxic substances and also illegally possessing ivory in contravention of the Parks and Wildlife Act and the Environmental Management Act.
Khumalo appeared in court a fortnight ago jointly charged with Sipho Mafu (54) while Moyo is yet to appear in court. Gakata of 4068 Mashumavale, Kadoma is with the Criminal Investigations Department (CID) Serious Frauds while the other three were with CID Residentials.
Allegations as presented by Ms Matanga are that sometime in August last year, the four detectives intercepted Khumalo, Moyo, Anna Moyo and other suspects who were on their way to sell ivory in Harare.
The court was told the detectives demanded a bribe of $10 000 so that they could release the suspects and their car. It is alleged that the four detectives were given $7 000 which they allegedly shared among themselves before releasing the suspects.
In their statements, Khumalo and Moyo said they were released without being charged after giving the detectives the money while Anna Moyo also confirmed that she handed the money to the four.
Indications are that seven days after being given the $7 000, the detectives drove to Bulawayo to collect the balance of $3 000 from Khumalo, Moyo and other suspects.
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