Car theft suspects approach High Court

TWO Beitbridge men who were arrested for allegedly stealing a top-of-the-range vehicle worth about $30 000 in South Africa before smuggling it into the country through Beitbridge Border Post have approached the High Court seeking bail pending trial.

Morris Ndou (35) of Dulivhadzimu suburb and David Mashava (28) of Lutumba area in the border town, through their lawyers Dube and Associates, yesterday filed an application for bail pending trial at the Bulawayo High Court citing the National Prosecuting Authority (NPA) as the respondent.

The two men who are facing charges of theft of a motor vehicle and smuggling appeared before a Zvishavane magistrate and they were denied bail and remanded in custody pending trial.

Ndou and Mashava are denying the charges and argue that there are no compelling reasons to justify their continued detention at remand prison.

In their grounds of appeal, the two applicants said they were only hired to drive the car to Harare.

"The first applicant (Ndou) was hired to take the allegedly stolen vehicle from Beitbridge to Harare for a payment of R3 000 and he then ordered second applicant (Mashava) to drive the car," said the lawyers.

"The applicants submit that they harbour no intention of absconding or evading justice. The applicants never resisted arrest and cooperated well with the police in their investigations and therefore with such conduct there is no risk of absconding."

The two men are seeking an order compelling them to deposit $50 as bail and to continue residing at their given addresses pending the finalisation of the matter.

As part of the bail conditions, the applicants are also offering to report at Beitbridge Police Station once a week as well as not interfere with state witnesses.

Mr Thompson Hove, who is representing the State, opposed the bail application, arguing that there was no guarantee that the applicants would not abscond.

He said granting them bail would not be in the interest of justice as they were likely to tamper with investigations.

"The investigations are still ongoing and it is submitted that the release of applicants might jeopardise investigations. The applicants are likely to abscond since they are facing a serious charge of theft of a motor vehicle and the state prays for the dismissal of the application," said Mr Hove.

It is alleged that sometime in February this year, Ndou and Mashava went to a house in Lindela area of Johannesburg where they allegedly stole a Toyota Prado belonging to the complainant identified as Mr Latib Abdul Dawood.

The matter was reported at Lindela Police Station under case number CR462/2/17.

Ndou and Mashava allegedly drove the car to Beitbridge Border Post where they smuggled it into Zimbabwe.

On March 29 this year at around 4PM, they were intercepted by police along the Zvishavane-Mbalabala road.

On being quizzed by detectives, the two men failed to give satisfactory explanations leading to their arrest.