CIO operative, Indian national approach High Court for bail

A SENIOR district intelligence officer, Mbereki Mbizo Nyathi, who together with an Indian national, Abdul Ismael, are facing charges of stealing a motor vehicle from South Africa, have now approached the High Court seeking bail pending trial.

BY CHARLES LAITON

The two were not asked to plead when they appeared before provincial magistrate Tendai Mahwe, who remanded them in custody after ruling he had no jurisdiction to entertain their bail application.

Yesterday, the two men appeared before High Court judge, Justice Priscilla Munangati-Manongwa, but the matter could not be heard, as the State had not filed its response to the application. The matter was postponed to next Tuesday.
Allegations against the two men are that sometime in January 2015, they acted in common purpose and connived to steal a BMW 320D vehicle in South Africa, acting in cahoots with Hillary Nduna, who is still at large, together with their South African syndicate colleagues.

The State alleges when the vehicle was stolen from South Africa, Nyathi (44) and Ishmael (30) brought it into the country and fraudulently obtained a registration book with the numbers ADU 6982, from the Central Vehicle Registry (CVR).

After fraudulently registering the motor vehicle, it is alleged, Ishmael took the car to Nyathi’s place of residence for safe keeping, taking advantage of his position as a senior State security agent.

After receiving the car, Nyathi is said to have started using the stolen motor vehicle, taking advantage of his post.

In the court papers submitted with the application, the PG’s office said: “The Central Vehicle Registry (CVR) has confirmed that the registration of the motor vehicle was fraudulently done and obtained a registration book of a BMW 320D, which was stolen from South Africa in order to evade payment of duty to the Zimbabwe Revenue Authority (Zimra).”

In its reasons for opposing bail, the PG’s office said Ishmael was not gainfully employed and was likely to flee the jurisdiction of the courts, while his co-accused Nyathi was not a proper candidate for bail since he was likely to interfere with evidence or witnesses, who are his best friends. The two are represented by Admire Rubaya while the State is represented by senior law officer Edmore Nyazamba.

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