adminand Partners applied for a discharge of his clients before provincial magistrate, Mrs Lucie-Anne Mungwari, arguing that the two should be exonerated because they never stole the 10 cattle.
“Once it is established that the cattle were never in possession of the accused, then there is no prima facie case of theft,” said Mr Hove.
“In casu, it is common cause that the cattle never left Mr John Chirimambowa’s farm . . . since it was public knowledge within the provincial executive that the cattle were at the farm, the accused could not be said to have an intention to steal.
Such an intention to steal could not be established from their conduct, which conduct was given credence by the State witnesses especially John Chirimambowa and Supa Mandiwanzira who both confirmed that neither the accused personally benefited from the purchase of the cattle, nor did they show a special interest in the welfare of the cattle.”
Online Reporter