adminMaxmanuel Vhito (24), who had pleaded guilty to the charge, resorted to Shona soon after provincial magistrate, Mr Thembinkosi Msipa, passed the sentence.
Mr Msipa sentenced Vhito to eight months in prison, three of which were suspended for five years on condition of good behaviour.
Before the trial opened, Vhito had appealed to the court to hire a Portuguese interpreter, claiming that he could neither speak Shona nor English.
He was facing charges of stealing a bicycle in the Gweru Central Business District.
Vhito had to spend nearly two months in remand prison as the court tried to secure a Portuguese interpreter for the trial to kick off.
The drama started immediately after Mr Msipa passed the sentence that marked the conclusion of a long trial, which involved a Portuguese interpreter.
Vhito appeared stunned by the sentence and raised his hand to express his discontent:
“Asi ishe wangu munhu andakabira bhasikoro arimuno uye takataurirana tikakumbirana ruregerero saka mandiuraya pamutongo apa. (My lord, thecomplainant is here (in court) and I apologised to him after he recovered his bicycle and he forgave me. I feel the sentence is too harsh).”
A female police officer had a torrid time trying to restore order as the gallery broke into laughter after they heard Vhito suddenly pleading his case in Shona.
The switch to Shona by Vhito when protesting his sentence almost backfired as the magistrate indicated to him that the courts could review the sentence upwards for wasting its time by demanding a Portuguese interpreter.
“We may be forced to consider reviewing the sentence after you wasted this honourable court’s time in trying to secure a Portuguese interpreter when you can fluently speak Shona. This honourable court has considered that you did not hold any legal document that makes your stay in Zimbabwe legal, hence the custodial sentence,” said Mr Msipa much to the disappointment of Vhito.
The State’s case against Vhito as presented by Mrs Sithabile Sibafa is that on 20 November 2011, at about 7 pm, he stole a bicycle belonging Mr Farai Masunda, a security guard employed by Safe Guard Security Company.
Mrs Sibafa said Vhito who was seen by the complainant stealing the bicycle immediately sped-off despite the complainants’ shouts for help.
The court heard that some passersby who responded to Mr Masunda’s shouts for help later blocked Vhito.
Mrs Sibafa said a citizen’s arrest was effected leading to the subsequent recovery of the stolen bicycle.
Online Reporter