News / National
End Time Message Pastor cleared of theft charges
17 May 2014 at 08:33hrs | Views
AN End Time Message pastor based in Chipinge, who was recently arraigned before Mutare Magistrates' Court to answer to a theft charge involving household property worthy $24 000, was discharged at the close of the State case.
In her ruling, senior magistrate Mrs Anniah Ndiraya concluded that when the complainant's visit to the Legal Aid Directorate did not lead to recovery of his movable property, it was evident that his property had not been unlawfully taken from him.
"The fact that his visit to the Legal Aid Directorate did not lead to recovery of his movable property it was evident that his property had not been unlawfully taken from him.
"That is why he only reported after external pressure was exerted upon him by what he called ‘friends and associates'.
"Complainant has only been a pawn in a game to and from the accused and possibly to discredit him and drag his name into the mud. Thus in the absence of a prima facie case being laid before the court, the accused is discharged at the close of the State case," reads part of the ruling.
It was the State's case, led by Mr Walter Saunyama, that on a date between January 11, 1999 and January 21, 1999, Makombe unlawfully took household property valued at $24 000 from complainant Mark Tuso Muchadeyi.
Apparently, the said incident occurred when Makombe had just acquired the complainant's house (Number 151, Modie Street, Chipinge) through an auction after the complainant had failed to settle a Sedco loan.
However, the court heard that Makombe then allegedly went on to evict Muchadeyi with the assistance of 10 youths and looted his movables in the house.
The property included four beds, a wardrobe, a dining table and chairs, lounge suite, bed linen, curtains, 10 suits, male and female shoes, ties, shirts, four-plate stove, television set, pots, pans, knives, 12 kids clothing, wheelbarrow, spade, rake, garden fork, four chainsaws, one brush cutter, four bow saws, treated poles, four sickles, asbestos, tin houses, axes, machetes, hoes, slashing blades, chicken wire mesh and a Lister diesel pump.
In her ruling, senior magistrate Mrs Anniah Ndiraya concluded that when the complainant's visit to the Legal Aid Directorate did not lead to recovery of his movable property, it was evident that his property had not been unlawfully taken from him.
"The fact that his visit to the Legal Aid Directorate did not lead to recovery of his movable property it was evident that his property had not been unlawfully taken from him.
"That is why he only reported after external pressure was exerted upon him by what he called ‘friends and associates'.
It was the State's case, led by Mr Walter Saunyama, that on a date between January 11, 1999 and January 21, 1999, Makombe unlawfully took household property valued at $24 000 from complainant Mark Tuso Muchadeyi.
Apparently, the said incident occurred when Makombe had just acquired the complainant's house (Number 151, Modie Street, Chipinge) through an auction after the complainant had failed to settle a Sedco loan.
However, the court heard that Makombe then allegedly went on to evict Muchadeyi with the assistance of 10 youths and looted his movables in the house.
The property included four beds, a wardrobe, a dining table and chairs, lounge suite, bed linen, curtains, 10 suits, male and female shoes, ties, shirts, four-plate stove, television set, pots, pans, knives, 12 kids clothing, wheelbarrow, spade, rake, garden fork, four chainsaws, one brush cutter, four bow saws, treated poles, four sickles, asbestos, tin houses, axes, machetes, hoes, slashing blades, chicken wire mesh and a Lister diesel pump.
Source - Manicapost
