News / National
High school teacher contests suspended sentence for stock thief
27 Feb 2012 at 03:14hrs | Views
A 46-year-old high school teacher, Mr James Matemavi, from Redcliff, is contesting a wholly suspended three months sentence delivered to a local man who was facing charges of stealing and slaughtering his heifer.
The convict, Noah Moyana of Doon Farm in Redcliff, had pleaded guilty to stealing and slaughtering Mr Matemavi's heifer and was sentenced to a wholly suspended sentence of three months by Kwekwe magistrate Ms Letwin Rwodzi.
Mr Matemavi, who is also a farmer, said he was shocked by what he called a "pathetic" sentence given to Moyana at the close of the State case.
He said he has since written a letter of complaint to Midlands provincial magistrate Mrs Phathekile Msipa to express his displeasure.
"I could not believe my ears when I was in the court last week in my capacity as the complainant when the accused, Noah Moyana was given a pathetic three-month wholly suspended sentence for stealing my heifer.
"This was in spite of the given evidence that I personally caught the convicted Moyana red-handed roasting the meat from my heifer over the fire, leading to his arrest," said Mr Matemavi.
"I was very disappointed when my long wait for justice to take its course came to nothing. The courts decided to set free a proven thief by giving him a non-custodial sentence on such a serious crime like stock theft."
Mr Matemavi, who said he had lost confidence in the way the courts handled matters, said he had also written a complaint against the prosecutor, a Ms Chikuni, who presided over the matter.
"I only became suspicious when the matter was to be heard in court last week and the prosecutor, Ms Chikuni, tried to have me excused from the court, arguing that the accused was pleading guilty and that there was no need for me to be there. I then insisted on the need to be in court only to learn of the shocking sentence from the powers that be," he said.
Mr Matemavi said what was more disturbing on the nature of the sentence was that the accused did not deny the charges and that he was also facing another charge of absconding court.
"This man who is now walking free had spent a year on the run after he absconded court over the same matter. It was me who again made an effort to locate him before I effected a citizen's arrest with the help of other members of the public and yet he escaped a jail term. It's so surprising," he said.
Mr Matemavi said he would not sit on his laurels until justice prevails in the matter.
"I lost my heifer and I cannot just watch helplessly where I feel that justice has not been done. I have written to the provincial magistrate and am now waiting to hear from her," he said.
Contacted for comment, Mrs Msipa confirmed receipt of the letter of complaint from Mr Matemavi.
Mrs Msipa, however, referred further questions to the chief magistrate's office in Harare.
"We have received a letter of complaint on the matter involving stock theft and the sentence therein. We are looking into it. You can, however, refer further questions to our chief magistrate's office," she said.
The convict, Noah Moyana of Doon Farm in Redcliff, had pleaded guilty to stealing and slaughtering Mr Matemavi's heifer and was sentenced to a wholly suspended sentence of three months by Kwekwe magistrate Ms Letwin Rwodzi.
Mr Matemavi, who is also a farmer, said he was shocked by what he called a "pathetic" sentence given to Moyana at the close of the State case.
He said he has since written a letter of complaint to Midlands provincial magistrate Mrs Phathekile Msipa to express his displeasure.
"I could not believe my ears when I was in the court last week in my capacity as the complainant when the accused, Noah Moyana was given a pathetic three-month wholly suspended sentence for stealing my heifer.
"This was in spite of the given evidence that I personally caught the convicted Moyana red-handed roasting the meat from my heifer over the fire, leading to his arrest," said Mr Matemavi.
"I was very disappointed when my long wait for justice to take its course came to nothing. The courts decided to set free a proven thief by giving him a non-custodial sentence on such a serious crime like stock theft."
Mr Matemavi, who said he had lost confidence in the way the courts handled matters, said he had also written a complaint against the prosecutor, a Ms Chikuni, who presided over the matter.
"I only became suspicious when the matter was to be heard in court last week and the prosecutor, Ms Chikuni, tried to have me excused from the court, arguing that the accused was pleading guilty and that there was no need for me to be there. I then insisted on the need to be in court only to learn of the shocking sentence from the powers that be," he said.
Mr Matemavi said what was more disturbing on the nature of the sentence was that the accused did not deny the charges and that he was also facing another charge of absconding court.
"This man who is now walking free had spent a year on the run after he absconded court over the same matter. It was me who again made an effort to locate him before I effected a citizen's arrest with the help of other members of the public and yet he escaped a jail term. It's so surprising," he said.
Mr Matemavi said he would not sit on his laurels until justice prevails in the matter.
"I lost my heifer and I cannot just watch helplessly where I feel that justice has not been done. I have written to the provincial magistrate and am now waiting to hear from her," he said.
Contacted for comment, Mrs Msipa confirmed receipt of the letter of complaint from Mr Matemavi.
Mrs Msipa, however, referred further questions to the chief magistrate's office in Harare.
"We have received a letter of complaint on the matter involving stock theft and the sentence therein. We are looking into it. You can, however, refer further questions to our chief magistrate's office," she said.
Source - TC
