News / National
Armed robbery suspect acquitted
16 Oct 2015 at 02:09hrs | Views
AN armed robbery suspect, arrested last month together with two others already serving a combined 104 years in jail for terrorising white commercial farmers and businesspeople in Masvingo, has been acquitted.
Knowledge Jonasi, 30, his brother Energy, 23, Metron Chongani Makamba, 30, were arrested for allegedly committing a spate of robberies between May and August while clad in police uniform and army camouflage. The alleged ring leader, brother to Metron, Shadreck Makamba is on the run.
Energy and Metron pleaded guilty to 16 counts of armed robbery and attempted murder when they appeared before Masvingo regional magistrate Collet Ncube last month and were sentenced to 47 and 57 years in jail.
Knowledge of Taruvinga Village under Chief Bota in Zaka pleaded not guilty to two counts of robbery and was yesterday acquitted by senior regional magistrate Judith Zuyu. The magistrate said the State led by Mukai Mutumhe failed to prove a case against him.
Zuyu said police failed to follow basic procedures while conducting an identification parade thereby compromising evidence that could have nailed the accused.
She argued that the identification parade was not properly conducted and no notes of the process were recorded.
She said an identification parade should be led and conducted by police officers who have nothing to do with the case and witnesses should not be told that the accused is among those selected to participate in the identification parade.
However, in this case, the court said the process was conducted by an arresting officer who had ironically led the indications, contrary to laid down procedures, as enshrined in the legal procedures handbook.
She said there was a high probability that two convicted robbers, Metron and Energy were assaulted by police detectives leading them to implicate Knowledge to save themselves from further harm. "The court finds it difficult to conclude that the accused was involved in the act of armed robbery because of a number of glaring factors. The State has failed to prove how the fourth person was involved in the commission of this crime because all witnesses have mentioned three people," said Zuyu.
"According to evidence given by witnesses there is no point when four people were mentioned. In all counts, we have heard of three robbers and not four leaving the court wondering at what point the accused was involved in this case. Knowledge has similar features with his convicted young brother, Energy that there is high probability that it could have been an issue of mistaken identity during identification parade, which was not conducted properly."
Mutumhe said between May and August, Energy, Knowledge, Metron and Shadreck Makamba masqueraded as police officers and pounced on unsuspecting victims before getting away with cash and firearms.
She said on May,16 the accused, among other robberies, went at Makuvise homestead in Chivi armed with rifles and clad in police and army camouflage before they took away $58,000 at gun point.
Knowledge Jonasi, 30, his brother Energy, 23, Metron Chongani Makamba, 30, were arrested for allegedly committing a spate of robberies between May and August while clad in police uniform and army camouflage. The alleged ring leader, brother to Metron, Shadreck Makamba is on the run.
Energy and Metron pleaded guilty to 16 counts of armed robbery and attempted murder when they appeared before Masvingo regional magistrate Collet Ncube last month and were sentenced to 47 and 57 years in jail.
Knowledge of Taruvinga Village under Chief Bota in Zaka pleaded not guilty to two counts of robbery and was yesterday acquitted by senior regional magistrate Judith Zuyu. The magistrate said the State led by Mukai Mutumhe failed to prove a case against him.
Zuyu said police failed to follow basic procedures while conducting an identification parade thereby compromising evidence that could have nailed the accused.
She argued that the identification parade was not properly conducted and no notes of the process were recorded.
She said an identification parade should be led and conducted by police officers who have nothing to do with the case and witnesses should not be told that the accused is among those selected to participate in the identification parade.
However, in this case, the court said the process was conducted by an arresting officer who had ironically led the indications, contrary to laid down procedures, as enshrined in the legal procedures handbook.
She said there was a high probability that two convicted robbers, Metron and Energy were assaulted by police detectives leading them to implicate Knowledge to save themselves from further harm. "The court finds it difficult to conclude that the accused was involved in the act of armed robbery because of a number of glaring factors. The State has failed to prove how the fourth person was involved in the commission of this crime because all witnesses have mentioned three people," said Zuyu.
"According to evidence given by witnesses there is no point when four people were mentioned. In all counts, we have heard of three robbers and not four leaving the court wondering at what point the accused was involved in this case. Knowledge has similar features with his convicted young brother, Energy that there is high probability that it could have been an issue of mistaken identity during identification parade, which was not conducted properly."
Mutumhe said between May and August, Energy, Knowledge, Metron and Shadreck Makamba masqueraded as police officers and pounced on unsuspecting victims before getting away with cash and firearms.
She said on May,16 the accused, among other robberies, went at Makuvise homestead in Chivi armed with rifles and clad in police and army camouflage before they took away $58,000 at gun point.
Source - chronicle
