adminLeonard Ncube Court Reporter
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TWO members of a suspected poaching syndicate that allegedly killed more than 100 elephants at the Hwange National Park smiled all the way out of court yesterday after they were acquitted of the charges.
Earlier in the day, another court had acquitted five detectives from Harare who were facing charges of demanding and accepting a $10,000 bribe from the same alleged elephant poaching syndicate.
Clever Khumalo and Sipho Mafu were found not guilt when they appeared before a Bulawayo regional magistrate.
Acquitting Khumalo and Mafu, magistrate Sikhumbuzo Nyathi said there seemed to be a grand racket involving the accused, witnesses in the matter and the police, as no proper evidence was brought to court.
“The court is wondering why the State agreed to prosecute in this matter and doubts if $10,000 was the only money that was paid basing on the amount of protection the accused got. The actions of the police leave a lot to be desired,” said Nyathi.
Khumalo and Mafu had pleaded not guilty to four charges of violating the Environmental Management Agency and Parks and Wildlife Acts.
Mafu’s brother Misheck was also acquitted recently for lack of evidence.
Mafu and Khumalo were also recently found not guilty of two of the charges and cleared of the remaining two yesterday. The two had spent more than three months in remand prison.
The magistrate said there was no evidence linking the two to the poisoning of elephants and possession of ivory as alleged by the State. Nyathi said there was also no truth in the evidence of witnesses, most of whom were accomplice witnesses as they gave conflicting statements.
He said the State could neither bring in a witness who could have implicated the accused to the case nor avail the said ivory as exhibits.
Mafu was represented by Dumisani Dube of Cheda and Partners while Khumalo was represented by Brighton Ndove of Marondedze, Mukuku, Ndove and Partners.
However, not to let the accused off the hook, the State preferred an alternative charge under the EMA Act for Khumalo who was then fined $500.
In addition, Khumalo was sentenced to two years in jail, which were wholly suspended for five years on condition he is not found on the wrong side of the law again on similar charges.
On the new charge of violating a section of EMA Act criminalising possessing dangerous substances, Ndove said Khumalo acted legally because he used a licence although belonging to another person.
Sentencing Khumalo, the magistrate said he should consider himself lucky because the cyanide was not linked to the poisoning of the jumbos.
Nduna and his wife Anna Moyo, their friend Anna Bverecha, Alfred Buzizi, Blessed Gumbo and Sanelisiwe Dube testified in the case.
Mafu still has another case where he is being charged with Farai Chitsa and a witness, Thabani Zondo, who was employed by Lodzi Hunters and was recently sentenced to 10 years in jail for similar offence, refused to testify in the matter.
The State had alleged that on August 27, last year, game rangers at Hwange National Park got a tip-off that there were poachers in the game park and a team was dispatched to investigate.
In respect of the five detectives, who tested freedom a fortnight ago when they were released on $500 bail after spending three months in remand prison, the court found no incriminating evidence against them.
Detective Assistant Inspector Alois Gakata and his four subordinates, Detective Sergeant Wellington Jena, Detective Constables Shadreck Rore, Donald Dube and Chrispen Musonza were rendered free men after the court said the witnesses were all not reliable.
These were Superintendent Johannes Chinembiri Govo, Officer Commanding Police in Lupane District, Nduna Moyo and his wife Anna from Romney Park.
The magistrate said although Supt Govo gave an account of what transpired on the arrest of the accused, the other witnesses failed to corroborate his testimony.
The detectives were arrested on suspicion that they demanded a bribe from Khumalo whom they had arrested in Harare.
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