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Leonard Ncube
A 19-YEAR OLD Victoria Falls young man has been arrested for stealing 20 giraffes.
Vitalis Mathe of 8535 Mkhosana in the resort town stole the wood carved giraffes belonging to Nokuthula Maphosa (38) of 7351 in the same suburb in May last year.
Mathe was charged with unlawful entry and theft when he appeared before Victoria Falls magistrate Rangarirai Gakanje recently.
He pleaded not guilty saying he only took the curios to force Maphosa to pay him for carving the giraffes as per agreement.
“The complainant had asked me to make the giraffes for her but failed to pay. I asked for my money several times and I took the curios because she wanted to go to South Africa without giving me my money,” said Mathe in court.
The magistrate found him not guilty and acquitted him saying there was no evidence that he intended to deprive Maphosa of the giraffes.
“It’s common cause that the accused and complainant had a contract and she failed to pay. It is also common cause that you withheld the curios because you wanted her to pay. What is not clear is how the curios got to the accused and for the case of theft to bind there should be intention to steal.
“Taking was not to deprive but to induce payment and that doesn’t clarify as theft hence the accused is found not guilty and acquitted,” said the magistrate in her ruling.
Maphosa told the court that she had told Mathe that she was going to pay him as soon as she arrived in South Africa.
The offence was allegedly committed on May 30.
The State led by Onias Nyathi had alleged that Mathe entered Maphosa’s house through a closed but unlocked door and took 20 wooden giraffes valued at $80.
A report was made to the police leading to Mathe’s arrest.
Online Reporter