HARARE regional magistrate Adonia Masawi has dismissed an application for discharge filed by serial robber Itayi Motsi, who allegedly teamed up with his gang and stole a service pistol from a senior police officer in Bulawayo last October.
Report by Charles Laiton
Superintendent Wonder Mavhudzi allegedly lost his service CZ pistol with 15 rounds of ammunition, to one Louis Muchemwa who allegedly gave Motsi the firearm and the gang embarked on a spate of armed robbery throughout the country.
Mavhudzi was acquitted on an attempted murder charge, but the court ruled he had a case to answer on the theft of a firearm.
Their co-accused, one Chiwodze, was acquitted on both charges and walked out of Harare Magistrates’ Courts a free man on Friday last week.
“I do not agree with both the State and the defence that accused two (Muchemwa) was not involved in the commission of the offence. I am satisfied that he had control and knowledge of the firearm,” Masawi said.
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“Accused two is acquitted on attempted murder charge, but accused one (Itayi Motsi) must be allowed to defend himself since there is evidence linking him to the commission of the offence.”
Prosecutor Allan Goche told the court that on October 30 last year the robbers scaled a precast wall, broke and entered Mavhudzi’s house while he enjoyed a deep slumber on his couch and stole his service pistol and cellphones.
Mavhudzi is also the District Criminal Intelligence Officer for Matabeleland South province.