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Justice Andrew Mutema dismissed the application on a technicality that it was not urgent and should follow the normal procedures. Tarwireyi Tirivavi (48) and Tinashe Dekeya (35) who are accused of supplying information which led to the robbery of two Savanna Tobacco Zimbabwe trucks carrying cigarettes worth over R5 million spend the weekend in prison after their bail hearing was postponed to tomorrow.
Their lawyer Mr Shingi Mutumbwa indicated that they had new evidence from South Africa which they wanted to attach to the application.
Mr Bensen Taruvinga who is appearing for the State is also expected to respond tomorrow.
The pair, which is facing three counts of conspiracy to commit robbery argued that the magistrate who presided over their case had no jurisdiction to try them for an offence, which purportedly occurred in South Africa.
In their urgent chamber application they sought a review of Harare magistrate Mrs Anita Tshuma’s decision to throw out their application for refusal of remand.
Through their lawyer they argue that the magistrate erred by exercising jurisdiction over the matter and placing them on remand.
They further argued that the magistrate had no jurisdiction to place Dekeya on remand essentially on the same facts that he had faced at Mbare Magistrate Court.
The two also argue that there was no evidence that the robberies in question were committed adding that their detention amounted to a gross violation of their constitutional right to liberty. The State alleges that sometime in April, a South African company, Forensic Security Services, contracted Ticoz — which is owned by the accused — who were once employees of Forest Security Consultancy.
Ticoz would allegedly gather information of consignments from indigenous companies being exported in the region and send information to Forensic Security Services.
The State says the information was then used to rob the consignments at gunpoint while in South Africa, depriving the local companies and the country of revenue.
Online Reporter