Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
A SOLDIER and a police officer from the ZRP Support Unit who teamed up with four others and allegedly robbed a Beitbridge man of 30 boxes of cigarettes worth R95 000, have approached the High Court seeking bail pending trial.
History Sibanda (26), a corporal attached to the Zimbabwe National Army (ZNA) One Commando Regiment in Cranbourne, Harare, and Constable Shepherd Muchengi Gatsi (34) of Support Unit Chikurubi in Harare allegedly ganged up with another unidentified soldier, Derek Mudau of Dumba in Beitbridge and four others who are all still at large, raided Mr Emmanuel Mutavhatsindi’s homestead in Dumba Village and robbed him of 30 boxes Express Royal cigarettes.
Sibanda and Gatsi are part of a team recently deployed to the Zimbabwe-South Africa border to curb smuggling that is costing the Government an estimated US$1 billion in uncollected import duty annually. The gang is also accused of robbing another man in Dulivhadzimu of R6 200.
Sibanda, Gatsi and Mudau recently appeared before Beitbridge magistrate Mr Toyendepi Zhou who remanded them in custody to March 2. The police are reported to be pursuing four others including another soldier from the One Commando Regiment.
Sibanda and Gatsi, through their lawyers Masawi and Partners, filed an application for bail pending trial at the Bulawayo High Court citing the State as a respondent.
In their bail statement, the two applicants are denying the charges, arguing that there is no evidence linking them to the alleged offence.
“There is no time that the applicants were at Emmanuel Mutavhatsindi’s homestead in Dumba. There is no one who identified them at the scene of crime to link them to the alleged armed robbery, and again nothing was recovered from them during the arrest,” argued the applicants’ lawyers.
Sibanda ad Gatsi said the State relied on speculative evidence, arguing that they did not engage in any transaction with one Isheunesu Chimwango who implicated them.
They argued that there were proper candidates for bail as there was no direct evidence linking them to the offence.
“There are prospects of success on applicants on prosecution as the evidence being relied upon by the State is not directly linking them to the offence,” said the applicants’ lawyers.
The lawyers said there were no compelling reasons by the State warranting their clients’ continued detention pending trial.
They offered to pay $5 000 bail each and to continue residing at their given addresses as well as reporting once per fortnight at Marondera Police Station until the matter is finalised as part of the bail conditions. The State is yet to respond.
According to court papers, on January 19, Sibanda, Gatsi and their accomplices pounced on Mutavhatsindi’s homestead in Dumba while in uniform and armed with AK47 rifles. One of the soldiers broke down the door of the room where Mutavhatsindi was sleeping. Sibanda entered the room flashing the victim with a torch and ordering him to remain still and not to make any noise to alert neighbours.
During that time his accomplices ransacked the house and tied the four occupants together with shoe laces. The State further alleges that four other civilians arrived at the scene driving a white Nissan Atlas truck and loaded 30 boxes of Express Royal Cigarettes worth R95 000 and all the suspects disappeared.
When the gang had left, the complainant managed to go outside the house and called for help from neighbours who untied the family members.-@mashnets.
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