News / National
Mozambican set free in Zim court
28 Jun 2013 at 05:21hrs | Views
MOZAMBICAN national, Alfred Domingo, who was hauled before a Chipinge magistrate over theft allegations was on Monday set free after he was found not guilty.
Acquitting him, presiding officer, Mr Clemence Ngweshiwa, said the State had failed to establish a prima facie case against him as there was inadequate evidence to connect him to the theft of the cellphone.
The State had alleged that on June 18, Domingo stole a cellphone belonging to Never Tanangwa.
"On the day in question, the two met at a shop in Gaza where the accused was selling secondhand clothes. Tanangwa went with Domingo to his house intending to buy the clothes," he said.
The court heard that a barter exchange deal was struck between the two, with the complainant agreeing to give him a small radio in exchange for the clothes.
"When they arrived at Tanangwa's home, they got into the house and concluded their business transaction before the Mozambican continued with his business.
"After Domingo's departure, Tanangwa discovered that his phone was missing," said the State.
Tanangwa told the court that initially he thought his wife was in possession of the phone, but on her return she said she had left the phone at home.
Tanangwa said that is when he concluded that Domingo was the one who had stolen the phone and tracked him. He found him on June 21 and dragged him to the police where he was locked in.
Mr Ngweshiwa said the complainant left his cellphone when he went out and since he did not check whether it was there or not when he arrived with Domingo, it was impossible to ascertain whether it was the accused or other tenants who had stolen the cellphone since the door was not locked.
Acquitting him, presiding officer, Mr Clemence Ngweshiwa, said the State had failed to establish a prima facie case against him as there was inadequate evidence to connect him to the theft of the cellphone.
The State had alleged that on June 18, Domingo stole a cellphone belonging to Never Tanangwa.
"On the day in question, the two met at a shop in Gaza where the accused was selling secondhand clothes. Tanangwa went with Domingo to his house intending to buy the clothes," he said.
The court heard that a barter exchange deal was struck between the two, with the complainant agreeing to give him a small radio in exchange for the clothes.
"When they arrived at Tanangwa's home, they got into the house and concluded their business transaction before the Mozambican continued with his business.
"After Domingo's departure, Tanangwa discovered that his phone was missing," said the State.
Tanangwa told the court that initially he thought his wife was in possession of the phone, but on her return she said she had left the phone at home.
Tanangwa said that is when he concluded that Domingo was the one who had stolen the phone and tracked him. He found him on June 21 and dragged him to the police where he was locked in.
Mr Ngweshiwa said the complainant left his cellphone when he went out and since he did not check whether it was there or not when he arrived with Domingo, it was impossible to ascertain whether it was the accused or other tenants who had stolen the cellphone since the door was not locked.
Source - Manica Post
