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ZIMTA Mashonaland Central Boss Acquitted
20 Dec 2020 at 10:13hrs | Views
Zimbabwe Teachers Association (ZIMTA) Mashonaland Central Provincial Executive Officer Lewis Banda (55) and his co-accused Tafadzwa Muchenje (33) have been acquitted by Magistrate Mrs Chifamba after full trail, where they were facing stock theft charges at the Bindura magistrates court.
Banda and Muchenje were facing charges of possession of stolen property after a botched deal which saw them purchase a beast without due diligence.
The facts gathered are that on the 17th day of November 2020, Banda and Muchenje were directed to the residence of Brighton Mudzongachiso to buy a beast by one Donald Mukombe.
The duo bought the beast on the day in question at USD340 and slaughtered it before taking away the carcass to Bindura.
It further emerged that Donald Mukombe had stolen four beasts from Matepatepa area of which two of the beasts belonged to Nicodemus Ruwani who had already embarked on a search of his lost beast.
Working on a tip off Bindura Rural Police arrested Donald Mukombe who led them to Brickburn farm where he kept the beasts and found one beast already sold to Lewis Banda and Tafadzwa Muchenje leading to their subsequent arrest.
The prosecutions case against Banda prima facie was that the accused person got possession of a stolen beast and was aware that the beast could be stolen hence he was guilty as charged.
Investigating officer CST Ndlovu in giving evidence insisted that there was a possibility that Banda and Muchenje knew that the beast was stolen as they overlooked some cattle movement procedures such as getting police clearance.
In handing her judgement on 18 December 2020, Magistrate Chifamba highlighted that the defence counsel had proved beyond reasonable doubt that the accused had no reasonable grounds to suspect that the beast had been stolen.
In the verdict summary, the court established that the accused persons did not know that the beast was stolen as testified by all witnesses. Furthermore, the accused persons paid a fair price for the beast, a development that dispelled all suspicion that it could have been stolen.
Donald Mukombe was slapped with a 27-year jail term for cattle rustling whilst Brighton Mudzongachiso awaits judgement on 28 December 2020.
Banda and Muchenje were facing charges of possession of stolen property after a botched deal which saw them purchase a beast without due diligence.
The facts gathered are that on the 17th day of November 2020, Banda and Muchenje were directed to the residence of Brighton Mudzongachiso to buy a beast by one Donald Mukombe.
The duo bought the beast on the day in question at USD340 and slaughtered it before taking away the carcass to Bindura.
It further emerged that Donald Mukombe had stolen four beasts from Matepatepa area of which two of the beasts belonged to Nicodemus Ruwani who had already embarked on a search of his lost beast.
The prosecutions case against Banda prima facie was that the accused person got possession of a stolen beast and was aware that the beast could be stolen hence he was guilty as charged.
Investigating officer CST Ndlovu in giving evidence insisted that there was a possibility that Banda and Muchenje knew that the beast was stolen as they overlooked some cattle movement procedures such as getting police clearance.
In handing her judgement on 18 December 2020, Magistrate Chifamba highlighted that the defence counsel had proved beyond reasonable doubt that the accused had no reasonable grounds to suspect that the beast had been stolen.
In the verdict summary, the court established that the accused persons did not know that the beast was stolen as testified by all witnesses. Furthermore, the accused persons paid a fair price for the beast, a development that dispelled all suspicion that it could have been stolen.
Donald Mukombe was slapped with a 27-year jail term for cattle rustling whilst Brighton Mudzongachiso awaits judgement on 28 December 2020.
Source - Lloyd Mangoh
