Chronicle Editor
Rutendo Nyeve, Sunday News Reporter
BULAWAYO regional magistrate Ms Sibonginkosi Mnkandla has acquitted one of the two suspects accused of stealing US$271 500 and R2 million from a Nedbank branch in the city last year and ordered a reimbursement of the forfeited money.
Elias Mudenda was acquitted due to lack of compelling evidence linking him to the crime, despite being found with US$4 000 and R12 000 in cash.
The magistrate ruled that neither Nedbank witnesses nor police detectives could identify the recovered money as belonging to the bank, nor was there any other evidence connecting Mudenda to the theft.
She said the two officers agreed that the bank did not provide them with serial numbers to link the recovered money with that from the bank and there was no other evidence that links Mudenda to the offence.
The trial of Lovemore Gambiza and Mudenda, who have been in remand prison since their arrest in September last year, kicked off in April this year with both of them pleading not guilty to unlawful entry and theft charges.
Prosecutor Ms Concillia Ncube told the court that Lovemore Gambiza (45) of Emganwini and Elias Mudenda (46) of Cowdray Park, on the night of 26 August 2023, together with Aggipa Mloyi, Dingilizwe Mloyi, Nqobile Mloyi, Sipho Tshuma, Bhekani Mlilo and one other suspected, only identified as SaMandla who are still at large hatched a plan to steal cash from Nedbank Belmont Branch.
“When they got to the scene, the accused scaled over the pre-cast wall and cut the razor wire. Thereafter, they cut and removed the burglar bar to the back office and gained entry into the bank.
“While inside they opened the server room and used a gas cutting torch to open the Chubb vault that contained cash, then stole US$272 000 cash, R2 420 000, five gold coins weighing 1 ounce each with a total value of USD10 056 and a network video recorder worth US$109,” said Ms Ncube.
She said the offence was discovered on the morning of 28 August 2023 when the Nedbank employees reported for work and a report was made to the police who attended the scene and recovered cigarette stubs and used tissue paper from the scene which were taken for DNA testing.
“Investigations were instituted leading to the arrest of the two accused persons and the recovery of US$ 12 500 and R57 500 with Nedbank seals from Gambiza which had been buried underground in the bush 20 kilometres along the Bulawayo-Plumtree Road.
“Police further recovered US$1 000 and R16 880 from Mudenda which was stashed under a tyre inside a disused thatched house in Binga and US$3 000 at a house in Cowdray Park, which is his place of residence,” said Ms Ncube.
She said the police also recovered the cars used to commit the offence, a Toyota Hiace registration ADU 3231 and a Toyota Venture registration ABP 8593. Also recovered was the cutting torch believed to have been used to open the vault.
A total of US$282 165, R2 420 000 in value was stolen and only US$16 500 and R74 630 was recovered.
In their defence, through their lawyers, Mr Tinashe Tashaya of Sengweni Legal Practice and Mr Tawanda Tavengwa of Mutuso, Taruvinga and Mhiribidi Legal Practitioners, Gambiza and Mudenda claimed they were out of town when the robbery occurred.
During the three-month trial, Mr Tavengwa stated that Mudenda was assaulted by police officers and forced to sign a statement admitting the offence.
He further challenged the bank to prove how the money that was recovered from his client was the one stolen from the bank.
Gambiza’s lawyer, Mr Tashaya, informed the court that his client was at his gold mine during the alleged commission of the crime and argued the recovered money was money realised from his mining business.
The money allegedly stolen from the bank was sealed in Nedbank seals. The seals were positively identified by two witnesses who are Nedbank employees. Gambiza argued that his savings were also sealed in those seals, as he banks with the financial institution. Gambiza is set to be back in court this week for continuation of trial. — @nyeve14
derick.khumalo