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Munyaradzi (58) and his alleged accomplices Garikai Tayanhewe (36), Tatenda Nzirawa (25), Tonderai Makona (30), Givemore Nzirawa (33), Task Chibara (21), Samson Tayanhewe (33), Cloud Kurupati (25) and Freeman Chiimba appeared before Mbare magistrate Mr Brighton Pabwe charged with unlawful entry into premises.
Mr Pabwe granted Munyaradzi US$100 bail and denied the other eight bail.
The eight, however, were later granted US$100 bail after their lawyer Mr Godfrey Mapaya successfully appealed at the High Court.
In submissions filed at the High Court Mr Mapaya argued that Mr Pabwe ought to have fully explained to the eight who were not represented on their initial appearance the procedure of bail application.
“The court granted bail to the co-accused and denied bail to the appellant yet they were jointly charged with the same charge and the same facts.
“It is paramount to note that this was misdirection on the part of the court as it failed to accord the self-actors and represented suspects equal treatment before the law,” he said.
“Had the court treated the suspects equally before the law, the appellants were bound to get bail on the same conditions with Muparadzi,” he submitted.
It is the State’s case that on August 7 this year at Frank Collins Logistics in Workington the nine hired a truck and entered the company’s premises.
They were allowed to enter by the security guards.
While in the premises, it is alleged, they entered the silo through some openings on the top and loaded soya beans into the truck until it was full.
As they were about to leave the premises Retio Kapanga and Rangarirai Guvasa came to check the security guards.
They arrested the nine but two security guards and the truck driver escaped.
The truck loaded with stolen soya beans was recovered. The soya bean is valued at US$19 600.
Online Reporter