Detectives in US$162,000 theft storm

National Foods Limited has approached the High Court seeking the recusal of a Harare magistrate in a complex case involving the alleged theft and disputed handling of US$162 000 recovered as an exhibit in a criminal investigation.

The case centres on a March 2023 incident in which US$162 000 was stolen from the NatFoods cash office in Aspindale, Harare. The matter implicated company employee Charlotte Munetsi and Safeguard Security worker Edward Munodawaya.

According to court papers, police detectives Admore Masiza and Tafara Machokoto were assigned to investigate the case and later allegedly recovered US$162 040 from Munodawaya. However, NatFoods claims the officers failed to disclose the recovery and instead converted part of the money to their own use.

The detectives were subsequently arrested, and US$81 000 was recovered. They were charged with NatFoods as the complainant.

NatFoods now argues that Harare magistrate Feresi Chakanyuka should be removed from the matter, alleging procedural irregularities in proceedings concerning the fate of the recovered funds.

The company says it was excluded from key inquiry proceedings ordered by the High Court to determine the rightful ownership of the exhibit money, despite being the original complainant in the case.

Court documents show that the inquiry proceeded without NatFoods' knowledge or participation, with detectives presenting their case and closing their arguments before the company was later informed.

NatFoods representative Bhoki Nyambo and its lawyers reportedly only became aware of the proceedings after being invited to a meeting with the prosecution, where they expressed surprise that evidence had already been led without their input.

The company contends that this violated its constitutional right to a fair hearing, arguing that it was not only entitled to present its case but also to challenge evidence presented by opposing parties.

NatFoods further says attempts by its legal team to intervene were blocked, with the court ruling that only the State and accused persons' lawyers could participate in the criminal proceedings.

The matter has also been complicated by appeals, postponements and a State application for a stay of proceedings pending review of a High Court order directing the inquiry.

NatFoods is now seeking to have the entire process set aside and restarted before a different magistrate, arguing that the current proceedings are fundamentally flawed.

The case remains pending before the High Court.