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Mashudu Netsianda, Senior Court Reporter
THE High Court has dismissed an application for bail pending trial by a traffic cop suspected to be part of a gang of armed robbers that raided West Service Station in Lupane two months ago.
Sergeant Alfred Zvapera (31) allegedly connived with Faith Ngwenyenyi and three others who are still at large and robbed the garage of 40 litres of petrol before getting away with $107.
Zvapera surrendered himself at Nkulumane Police Station the following day. His alleged accomplice Ngwenyenyi was however, granted bail after the State did not oppose his application following his arrest.
The ruling against Zvapera by Bulawayo High Court judge Justice Nokuthula Moyo follows an application for bail pending trial by the cop through his lawyers, Pundu and Company, citing the State as the respondent.
In dismissing Zvapera’s application, Justice Moyo said there was no guarantee that if granted bail, the traffic cop would not abscond given the gravity of the alleged offence.
“The State does have a strong prima facie case against the first applicant (Zvapera) whose motor vehicle was allegedly used in the commission of the alleged offences. Of course he makes an assertion that he had been kidnapped by unknown assailants prior to his attackers committing the alleged offences. In such cases the court has to balance the interests of the applicant in so far as his liberty is concerned with those of justice,” said the judge.
“The risk to abscond is central to the determination and to be juxtaposed with it, are the strengths and weaknesses in the State case.”
Justice Moyo said armed robbery and attempted murder were serious offences. The judge said Zvapera’s defence left a lot of questions given that he was in the car during the armed robbery.
“It is clearly not in dispute that Zvapera was in the car during the robbery. The inducement to abscond exists and cannot be underplayed in this case. I do not hold the view that Zvapera has sufficiently shown the court that the risk to abscond is non-existent in the circumstances, and for these reasons I shall not grant him bail pending trial,” she ruled.
“I have however, granted the second applicant (Ngwenyenyi) bail pending trial. While jointly charged, accused persons should normally be treated in the same manner with regard to bail matters but they can be treated differently in certain aspects in the administration of justice where such differentiation is justified.”
Allegations against the two men are that on February 21 this year, they connived with three accomplices who are still at large to rob West Service Station in Lupane.
They allegedly armed themselves with two pistols and used Zvapera’s car to drive to the service station.
On arrival, they ordered a petrol attendant to fill their car with 40 litres of petrol worth $54. When he asked for payment, they produced pistols and fired two shots ordering everyone to lie down
They fired two more shots at a Honda Fit and the bullet missed the occupant and hit the right side of the bonnet below the windscreen.
They searched the petrol attendant and took $107.
Zvapera, in his defence, claimed that three armed men kidnapped him and his girlfriend in Gokwe and drove around committing robberies.
Zvapera allegedly said the three robbers released him and his girlfriend somewhere in Nkulumane suburb. He said they went to Nkulumane Police Station to report the matter. Police recovered his vehicle in Burnside suburb.
—@mashnets
Online Reporter