No evidence: Detective, three others acquitted of attempted robbery charges

Danisa Masuku, [email protected]

A BULAWAYO-BASED police detective and three alleged accomplices accused of attempting to rob a Victoria Falls resident have been acquitted after the court ruled that the State failed to prove its case beyond reasonable doubt.

Wellington Ndoro, a Detective Constable stationed at the Criminal Investigations Department (CID) at Nkulumane Police Station, appeared before Bulawayo regional magistrate Mr Taurai Manwere alongside Felias Mvula, Julius Mugwagwa and Silence Kwangwa.

The four had pleaded not guilty to attempted robbery.

Ndoro and Mvula were represented by Mr Tinashe Dzipe, while Mugwagwa and Kwangwa conducted their own defences. Delivering judgment, Mr Manwere found that the State had not provided adequate evidence linking the accused to the alleged crime, citing in particular the absence of an identification parade.

“The incident occurred in the evening and there was dim lighting. The complainant, Casey Bean, told the court that he could not identify the intruders. No identification parade was conducted, making it difficult for the court to conclude that the accused persons were the perpetrators,” ruled the magistrate.

He added that the attempted robbery charge could not stand without credible identification.

“Moreover, there was no conclusive evidence establishing whether the alleged accomplices entered Ndoro’s vehicle. The complainant stated that Ndoro was driving a twin cab with South African registration plates, but that alone does not prove criminal conduct,” said Mr Manwere.

“Victoria Falls is a tourist destination and it is not unusual to see vehicles bearing foreign registration plates.”

He concluded that the evidence presented did not meet the threshold required for a conviction and acquitted all four accused.

Prosecuting, Mr Owen Mugari had told the court that on December 14, 2023, at around 9pm, the accused men allegedly travelled from Bulawayo to a property along Courtney Selous Road in Victoria Falls intending to rob Mr Bean, whom they allegedly believed kept large amounts of money and valuables at his home.

The court heard that Mr Bean was alerted by his daughter that four men had scaled the precast wall into the yard. He allegedly saw one of the intruders attempting to force the main door. He then alerted a neighbourhood watch response team and the police.

“The complainant dashed out of the house holding a knobkerrie. Upon realising they had been detected, the quartet allegedly scaled the wall in different directions,” said Mr Mugari.

It was alleged that Ndoro was waiting in a getaway vehicle and attempted to drive off as the others fled.

The court heard that neighbourhood watch members, travelling in a Toyota Land Cruiser, pursued the suspects’ vehicle and rammed it from behind, forcing it to stop. Two of the accused allegedly jumped out and escaped on foot.

A search operation was launched. Ndoro was allegedly found hiding at a nearby house, while Mvula was arrested in a trench along a road.

Mugwagwa and Kwangwa were later arrested in Bulawayo by CID Homicide officers, who allegedly recovered a pistol with an erased serial number.

 

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