Magistrate slams Filabusi police in stock theft case

Marvelous Moyo Gwanda Correspondent
A FILABUSI woman and her son who were facing charges of stock theft involving six beasts have been acquitted. Gwanda magistrate Olivia Mashava Mashaire ruled that there was no evidence directly linking Shelton Ndlovu, 20, and his mother Odred Ndlovu, 62, to the crime. Mashava Mashaire ordered a thorough investigation into the Filabusi Police Station’s livestock clearance department “for the good of livestock owners.”

Shelton and Odred of Siyaphambili village, under Chief Ndube, had pleaded not guilty to stock theft. In finding them not guilty of stock theft last week, the magistrate said evidence produced in court showed that the two had been used by one Xolisani Nsukamini Moyo who is still at large. “It’s not in dispute, actually it’s agreed by the State that one Xolisani Nsukamini Moyo is the main actor in this case. It’s not in dispute that he’s the person who brought the stolen cattle to the accused’s place,” said Mashava Mashaire.

She said in all the transactions that were taking place Moyo, who is in a relationship with one of Ndlovu’s daughters, was at the forefront, being the spokesperson as well as the handler of the monies that were advanced by the buyer, Mariah Moyo.

“It’s this person (Xolisani Moyo) who played a pivotal role in this case who is still at large. The person who was once apprehended by the police but released. The very person who would sell and clear the beasts in the presence of attested members of the police, albeit selling stolen beasts,” said Mashava Mashaire.

The magistrate said throughout the trial it emerged that Shelton’s role was to gather the cattle when a buyer visited their homestead to see the beasts, acting on instructions he was given by his mother and Xolisani. He was absent in the transactions that followed.

The magistrate said Odred was an old, illiterate woman who received the beasts into her kraal to assist Xolisani who had convinced her that he owned the beasts, and that they would be safer at her homestead.

She said Odred showed her innocence by going straight to village heads when she heard a rumour that the cattle were stolen. “She even led members of the neighbourhood watch committee to where Xolisani was,” said Mashava Mashaire. The magistrate said the State witnesses, Mariah and two police officers, appeared to be lying as if they were covering up for Xolisani.

“I’ve concrete doubts that the two accused persons had a hand in this offence. It wouldn’t be fair to convict when I’ve doubts in my mind as to whether the two accused committed the offence.“I would also advise that there be thorough investigations against the Filabusi Police Station livestock clearance department as serious injustices are being committed therein to the detriment of livestock owners,” the magistrate added.

Prosecutor Teererai Mahohoma alleged that on August 2 this year, Sifiso Ndluni of Silikwe Village in Gwanda district drove her six beasts to Silikwe grazing lands and the cattle never returned.A report was made to police and information was received that Xolisani Moyo had stolen the beasts and kept them at the Ndlovus’ homestead at Siyaphambili Village in Filabusi.

Four beasts were recovered from the Ndlovu homestead following inquiries. Allegations were that Xolisani had connived with the Ndlovus and sold the other two missing beasts to Mariah Moyo, who runs a butchery.