Bail for Air Zimbabwe boss 'killer'

ONE of the four suspects who allegedly brutally murdered Air Zimbabwe public relations executive, Shingai Dhliwayo in Botswana, has been granted $100 bail pending trial by the High Court. Mgcini Xaba (28) of Cowdray Park suburb in Bulawayo got bail last week after he filed an application at the Bulawayo High Court through lawyers Mathonsi Ncube Law Chambers.

Police found Dhliwayo dead in a bush about 5km from Ramokgwebana Border Post on April 30. She was tied to a tree with her feet and hands bound while a piece of cloth was stuffed in her mouth.

Investigators arrested Xaba in May together with Artwell Ndiweni, Godfrey Mavhurafero and Dumisani Ncube. Bulawayo magistrate Tawanda Muchemwa in May remanded the quartet in custody and advised them to apply for bail at the High Court.

The four are facing murder and robbery charges. In his judgment, Justice Martin Makonese noted that although Xaba was facing a serious offence, it was clear from the affidavit of the investigations officer that there were no cogent reasons to deny him bail.

"It's only where the seriousness of the offence is coupled with the apparent strength of the state case against an accused person that bail pending trial would be denied. The only piece of evidence that links the applicant to the offence is the fact that a Nokia E 63 mobile phone was found in his possession. He has, however, explained circumstances under which he obtained the cellphone," said Justice Makonese.

Justice Martin Makonese ordered Xaba to continue residing at his given address pending the finalisation of the matter as part of the bail conditions. The judge also ordered Xaba to report twice a week at the Bulawayo Central Police Station and not to interfere with police investigations as well as witnesses.

The State through Miss Nokuthaba Ngwenya consented to the granting of bail saying that the evidence against the applicant was weak. In his grounds of appeal, Xaba through his lawyers argued that if granted bail there was no evidence that he would jeopardise the interests of the administration of justice.

The state alleges that the four lured Dhliwayo to Botswana on the pretext that they wanted to hire some decoration material and services for a wedding to be held in the neighbouring country.

The court heard that upon her arrival in Botswana on April 30, Dhliwayo notified the accused persons who met her. They robbed her of valuables, an undisclosed amount of cash, a laptop, electronic gadgets and a cellphone.

The four accused allegedly took Dhliwayo, gagged and strangled her before they left her body tied to a tree trunk in a bushy area between Jackalas Village 1 and Gatswane River, about 5km from Ramokgwebana Border Post.

Her body was found a week after she went missing just after attending the Zimbabwe International Trade Fair in May and was bleeding from the nose. Botswana consultant forensic pathologist Doctor Mugoma concluded that Dhliwayo died due to strangulation and gagging. After a series of investigations, the four were found in possession of Dhliwayo's grey pouch.

Dhliwayo's ZTE phone was recovered from Ndiweni's wife. The court heard that cellphone records show Ndiweni was the person who lured Dhliwayo to Botswana pretending to be a client.

The four — who have criminal records in Zimbabwe and Botswana — were picked up at various locations around the city by detectives from the Criminal Investigations Department (CID) Homicide section.