News / Regional
12 Maleme farm worker 'kidnappers' acquitted
03 Apr 2015 at 08:10hrs | Views
TWELVE men from Matobo District who were facing a charge of kidnapping a farm worker from Maleme Ranch were yesterday acquitted.
Philimon Moyo, 72, Killion Masuku, 63, Cornelius Ncube, 63, Partson Ncube, 46, Robert Nyathi, 61, Wilson Nyathi, 45, Patrick Dube, 65, Kenisi Sibanda, 65, Michael Nyathi, 62, Sanni Dube, 63, Job Kaunda, 54 and Gabriel Moyo, 53, all from Shumba Shaba Village in Matobo area under Chief Masuku, had through their lawyer, Tanaka Muganyi, applied for discharge at the close of the state case.
It was alleged that the 12 men, armed with knobkerries and axes, force-marched Cephas Ndlovu for about nine kilometres threatening to kill him. Ndlovu was employed as a farm worker by the farm's short-lived owner, Rodney Mashingaidze.
Kezi magistrate, Jimmy Ntonga acquitted the 12 citing lack of evidence linking them to the offence.
"The complainant failed to identify his alleged kidnappers as they were part of a group of 40 people. The State witnesses gave contradictory evidence while the complainant's evidence differed materially from that of Mashingaidze and the investigating officer," said Ntonga.
He said the investigating officer alleged that the 12 men were identified by Ndlovu but the complainant failed to identify any one of them when he gave evidence.
"It's clear that the accused person had admitted that they were at Maleme farm in their defence but denied kidnapping the complainant.
"It is clear that the complainant could have voluntarily gone to Natisa with the group so it cannot be said the 12 accused persons kidnapped him. Therefore they should duly be acquitted and discharged at the close of the State case," said Ntonga.
There was jubilation as the elderly men heaved a sigh of relief soon after their acquittal.
Prosecuting, Jefta Nyikadzinashe told the court that on March 9 around 8AM, Ndlovu was at Maleme Ranch doing his normal duties when the 12 men arrived at the farm armed with knobkerries and axes.
He said the 12 allegedly ordered Ndlovu to leave the farm house or risk being killed.
"They proceeded to force him to pack his possessions and to surrender his keys to Peter Moyo," said Nyikadzinashe.
The court heard that they force-marched Ndlovu from Maleme Ranch towards Natisa shopping centre using a foot path. The group allegedly threatened to club and axe Ndlovu if he tried to escape.
"When they approached Natisa centre, they met Mashingaidze who rescued Ndlovu," Nyikadzinashe said.
He said Mashingaidze called the police who came to the scene and arrested the elderly men.
Philimon Moyo, 72, Killion Masuku, 63, Cornelius Ncube, 63, Partson Ncube, 46, Robert Nyathi, 61, Wilson Nyathi, 45, Patrick Dube, 65, Kenisi Sibanda, 65, Michael Nyathi, 62, Sanni Dube, 63, Job Kaunda, 54 and Gabriel Moyo, 53, all from Shumba Shaba Village in Matobo area under Chief Masuku, had through their lawyer, Tanaka Muganyi, applied for discharge at the close of the state case.
It was alleged that the 12 men, armed with knobkerries and axes, force-marched Cephas Ndlovu for about nine kilometres threatening to kill him. Ndlovu was employed as a farm worker by the farm's short-lived owner, Rodney Mashingaidze.
Kezi magistrate, Jimmy Ntonga acquitted the 12 citing lack of evidence linking them to the offence.
"The complainant failed to identify his alleged kidnappers as they were part of a group of 40 people. The State witnesses gave contradictory evidence while the complainant's evidence differed materially from that of Mashingaidze and the investigating officer," said Ntonga.
He said the investigating officer alleged that the 12 men were identified by Ndlovu but the complainant failed to identify any one of them when he gave evidence.
"It's clear that the accused person had admitted that they were at Maleme farm in their defence but denied kidnapping the complainant.
"It is clear that the complainant could have voluntarily gone to Natisa with the group so it cannot be said the 12 accused persons kidnapped him. Therefore they should duly be acquitted and discharged at the close of the State case," said Ntonga.
There was jubilation as the elderly men heaved a sigh of relief soon after their acquittal.
Prosecuting, Jefta Nyikadzinashe told the court that on March 9 around 8AM, Ndlovu was at Maleme Ranch doing his normal duties when the 12 men arrived at the farm armed with knobkerries and axes.
He said the 12 allegedly ordered Ndlovu to leave the farm house or risk being killed.
"They proceeded to force him to pack his possessions and to surrender his keys to Peter Moyo," said Nyikadzinashe.
The court heard that they force-marched Ndlovu from Maleme Ranch towards Natisa shopping centre using a foot path. The group allegedly threatened to club and axe Ndlovu if he tried to escape.
"When they approached Natisa centre, they met Mashingaidze who rescued Ndlovu," Nyikadzinashe said.
He said Mashingaidze called the police who came to the scene and arrested the elderly men.
Source - chronicle
