White farmer to stand trial over 65 missing cattle

The High Court in Bulawayo has dismissed an application by a man accused of stealing trust cattle to avoid trial, ruling that the State presented enough evidence to place him on his defence.

Justice Kabasa threw out the application by Patrick Dube, who is charged with theft of trust property after allegedly failing to account for 64 head of cattle entrusted to him between November 2017 and December 2018 at Richardson Farm in Umguza.

The trial magistrate had earlier ruled that the State had established a prima facie case, but Dube sought to overturn the decision, arguing there was no evidence linking him to the theft.

Justice Kabasa disagreed, noting it was undisputed that the cattle had been placed in Dube's custody. "The issue is whether he accounted for them when the complainant called on him to do so," the judge said.

The court cited testimony from prison officers who said they bought cattle from Dube, some bearing ear tags matching those described by the complainant. Investigators also recovered 10 cattle linked to the missing herd.

"The failure to record cattle sold, the cattle with ear tags sold to the prison officer, and the concealment of Form 397 amounts to evidence requiring a reply," Justice Kabasa ruled.

Dube's lawyer argued that compelling him to defend himself was effectively asking him to "bolster the State's case," insisting he could not be accused of stealing "non-existent property."

But the judge stressed that the issue at this stage was not proof beyond reasonable doubt, but whether there was evidence requiring a response. "There is," she said.

Finding that the magistrate's ruling was sound, the High Court upheld the decision. Dube will now be required to answer the allegations when the trial resumes in the magistrates' court.