adminThe appeal by the 10 was rejected by the Assistant Registrar at the High Court in Bulawayo before it was set down for hearing after their lawyer failed to provide heads of argument.
The heads of argument were due on 13 July.
Edward Moyo (55), Elijah Sibanda (24), Zwelithini Moyo (21), Xolisani Nyoni (39), Trymon Moyo (38), Bitwell Ncube (27), Dingani Moyo (25), Meli Ncube (58), Jeffrey Moyo (29), Mthonisi Moyo (54) and the 17-year-old juvenile, all residing at different homesteads in Makhaza Village in Tsholotsho, were convicted of stocktheft after they connived to kill the bull on 18 January 2012.
Except for the juvenile, all the villagers were sentenced to nine years in prison by Mr Toindepi Zhou sitting at the Tsholotsho magistrates’ court.
The boy was sentenced to be canned.
Sentencing them, the magistrate had said there were no special circumstances and that the villagers’ ignorance of the law would not warrant special circumstances.
The villagers had blamed the village head for not articulating to them that it was an offence to slaughter a stray animal, which was being troublesome.
They argued in court that the bull had been in the village for three years and they agreed as villagers that it should be slaughtered as everyone was complaining that it was destroying crops.
Through their lawyers, James, Moyo-Majwabu and Nyoni Legal Practitioners, the 10 made an application for bail pending appeal at the High Court, against both conviction and sentence.
They argued that they had been wrongfully convicted when they thought they were entitled by law to slaughter the beast because it was destroying crops and was a danger to human life.
Dismissing the appeal, the assistant registrar said, “On 12 June, your lawyer was called upon to file heads of argument by 13 July but no such heads have been received. Accordingly, the appeal is denied, abandoned and dismissed.”
On 18 January, the 11 hatched a plan to eliminate the stray bull claiming it was destroying their crops yet knowing they could have informed the police about it.
They drove the bull to the grazing area in their village where they slaughtered it and shared the meat.
They were arrested after police received a tip off from members of the public that some people had killed a stray beast.
The value of the bull was $400 and only a few pieces of dried meat were recovered from the eleven’s homes.
Online Reporter