Taj Abdul murder trial continues

Fidelis Munyoro Chief Court Reporter

THE murder trial of suspected armed robber Musa Taj Abdul and his eight co-accused continued at the High Court yesterday with the defence team seeking to link the security guard at the raided house, and now a prosecution witness, to the offence by suggesting he was working with the robbery gang that assaulted the house.

The defence team also sought to cast doubt that the man killed during the robbery was shot by any robbers by suggesting that the late Courage Ingwani could have accidentally shot himself given the nature of the injury he sustained, coupled with the angle on which he was holding his firearm at the time he shot at the intruders.

According to a medical report, Mr Ingwani died as a result of right lung injury and severe thoracic trauma due to bullet injury.

Taj Abdul along with Elisha Manhanga, Prince Makodza, Liberty Mupamhanga, Rudolph Kanhanga, Innocent Jairos, Tapiwa Mangoma, Godfrey Mupamhanga, Charles Lundu, are accused of murdering Mr Ingwani during an armed robbery at Southview Park in Harare two years ago.

Mr Simon Mutaringe, a security guard deployed at the house was called as a prosecution witness. While he could not positively identify the nine suspects in the dock as members of the masked gang that assaulted the house, Mr Mutaringe said around midnight while doing his tour around the house, two dogs started barking.

This prompted him to climb the ladder that was at the water tank inside the yard and from there he noticed five adults who were moving outside the precast wall. When he asked them what they were looking for, Mr Mutangira said the men ran away towards two cars parked near the house.

He then alerted Mr Ingwani of the men’s suspicious movements and warned him not to go back to sleep saying they were likely to come back. After a short while, the gang returned with their vehicles.

This time, he saw three men getting out of a Mercedes Benz and offloading a big hammer, machetes and metal bars from the boot, with one of the men strapping a gun on his back.

“The gang then fired some shots in the air scaring neighbours I had asked for help,” said Mr Mutaringe, adding that he ran for dear life.

“I scampered away for cover in the backyard in the dog’s kennel.”

The court also heard how the gang broke the gate using a hammer to gain entry into the yard.

While they were inside, Mr Ingwani fired shots to warn off the gang but the security guard heard Mr Ingwani falling to the floor.

During cross-examination, lawyers Mr Obert Mawadze and Advocate Samuel Banda acting for Jairos and Mangoma, sought to link the security guard to the crime, accusing him of working in cahoots with the gang that attacked Mr Ingwani on the fateful night.

Mr Mawadze said Mr Mutaringe never suspected that the gang would return, but knew for a fact that they were coming back to execute the attack. He sought an explanation from Mr Mutaringe over his narration of the whole episode, but the witness became evasive and prevaricated.

When Adv Banda took over the cross-examination, he went a bit further in trying to incriminate Mr Mutaringe.

In bid to prove that Mr Mutaringe could have been part of the scheme of the armed robbery, Adv Banda suggested to the witness that it could not have been coincidental that he told Mr Ingwani that the gang would come back.

He also said the witness went into hiding during the entire robbery, and only came out after the gang had left.

Adv Banda also queried why Mr Mutaringe did not bother to call the police since he was responsible for security at the house. He also accused him of conveniently losing his mobile phone at the time of robbery.

“All this, I put it to you that it was not mere coincidence, but you were acting in cahoots with the intruders,” he said.

In his testimony, Mr Mutaringe told the court that while he was in hiding, he heard the intruders shouting with threatening voices demanding money and access to the safe.

The trial continues today before Justice Munamato Mutevedzi sitting with assessors, Mr Remigius Jemwa and Mr Bothwell Kunaka.