Dorothy Sithole
Danisa Masuku [email protected]
TWO unemployed men were all smiles after they were acquitted of allegedly assaulting a security guard and stealing US$1,200, two laptops and a printer from a company situated in Bulawayo’s Thorngrove suburb.
Tatenda Choga (27) and Denson Dube, both from Mzilikazi suburb in Bulawayo, Zimbabwe, had endured several weeks of a grueling trial. However, at the conclusion of the trial on Monday , Bulawayo magistrate Ms Babra Phiri found them not guilty of robbery and assault charges.
In acquitting them, the magistrate said: “The State failed to link them to the charges and the State witness exonerated them as he told the court they arrested them after they found them at the scene. Upon searching them, they did not find anything in their truck or on them.
The investigating officer said he did not see the accused persons (Choga and Dube) assaulting the security guard. The State failed to prove its case beyond reasonable doubt as there was no prima facie.”
Choga and Dube were represented by Mr Kelvin Dewa of Liberty Mcijo and Associates, who mounted a strong defence, arguing that the investigating officer did not conduct an identification parade and that the pair were arrested simply because they were found at the scene.
“The two accused persons were called to Logistics for a hire and upon arriving they fell into a crossfire, finding that the company had been robbed. The security guard told this court that it was not Choga or Dube who assaulted him.
There is no solid evidence linking them to the crime except to say they were arrested on assumptions,” said Mr Dewa.
Prosecutor Ms Karen Gundani told the court that on 10 December last year, at around 7PM, the two accused persons, acting in common purpose, unlawfully entered the company’s premises. They allegedly stole two laptops, a printer and cash amounting to US$1,200.
The court heard that during the incident, the accused were said to have assaulted the security guard, Mr Themba Dlamini, who was on duty, striking him with an iron bar and injuring his left arm.
The pair allegedly fled the scene with the stolen property. The matter was reported to the police, leading to investigations.
The accused were later arrested at Mzilikazi Shopping Centre while allegedly attempting to sell one of the stolen laptops.
Online Reporter