Armed robbers ring leader denied bail

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Mashudu Netsianda, Senior Court Reporter
THE High Court has rejected an application for bail pending trial by the ring leader of a four-man armed robbery syndicate that has been terrorising Beitbridge residents in the last two months.

In one of the armed robbery cases, Marko Muleya allegedly ganged up with his brother Moses, Adam Langalanga and another suspect only identified as Aifheli and robbed a motorist of his car, a Toyota Passo, at gunpoint near a lodge in Beitbridge.

They allegedly cut the seat belts of the complainant’s car and used them to tie his hands to a tree. The gang allegedly took the victim’s cellphone and $62 before driving way in his vehicle. Muleya is facing four counts of armed robbery committed between August and September this year.

The alleged armed robber, through his lawyer, Mr Kholwani Ngwenya of TJ Mabhikwa and Partners, filed an application at the Bulawayo High Court seeking bail pending trial.

Bulawayo High Court judge Justice Nicholas Mathonsi dismissed the application.

He said Muleya was a flight risk given that he has a history of assisting border jumpers to illegally cross the Limpopo River into South Africa.

“In our law it is a ground for refusal of bail if the administration of justice will be prejudiced by the release of an accused person on bail. By his own words the applicant has been engaged in illegal border jumping where he actually helped others cross the border illegally. He has therefore shown to be a no respecter of borders even when facing criminal charges,” said the judge.

Justice Mathonsi said there was no guarantee that if granted bail, Muleya would not abscond.

“He certainly has not discharged the burden of showing that it is in the interest of justice that he be released on bail. I conclude that the applicant is not a good candidate for bail. In the result, the application for bail pending trial is hereby dismissed,” ruled the judge.

Muleya, in his grounds of appeal, said he had no motivation to abscond since he was married and owns a house in Dulivhadzimu suburb in the border town. He argued that there was nothing linking him to the alleged offences committed between August 15 and September 15 this year.

The State alleges that on August 15 this year at a dust strip near Limpopo Lodge in Beitbridge, Muleya, who was in the company of his three accomplices, two of whom are still at large, intercepted a motorist at gunpoint.

They allegedly robbed the complainant of his car and $62 and left him tied to a tree before driving off in his car.

On September 14 at around 10PM in a bushy area near Shule Shule Business Centre, they allegedly waylaid another complainant who was relieving himself. Brandishing a pistol, they robbed him of $18 and a cellphone.

Muleya allegedly fired a single shot to induce fear.The court heard that the following day, Muleya and his accomplices allegedly drove the stolen car and raided a house in the border town, making off with $600 at gunpoint.

On the same night, they allegedly hired a taxi on the pretext that they wanted to be taken to a local game park.

The court heard that along the way, one of the suspects produced a knife and pistol and robbed the taxi driver of $115.The State opposed bail, arguing that there was a likelihood that Muleya would flee to South Africa.

@mashnets

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