Ex-cop jailed nine years for stocktheft

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Sukulwenkosi Dube-Matutu, Plumtree Correspondent
AN ex-cop has been jailed for nine years for stealing four beasts worth $1 450 from a farm in Figtree.

James Muleya (63), who is also involved in farming activities in the area, pleaded not guilty to stock theft charges but was convicted due to overwhelming evidence by Plumtree magistrate, Mr Joshua Mawere.

Muleya stole the cattle from two farmers at Sizanani Farm and transported them in his truck in the middle of the night.

He was intercepted by police detectives.

In his defence, Muleya, a retired police officer, alleged that he was hired by Mr Fanekiso Ncube who is also a farmer to transport the beasts to Dombodema.

He said he did not know that it was necessary for him to have documents authorising him to transport the cattle.

Passing sentence, Mr Mawere said it was clear that Muleya chose to transport the cattle at night as he knew that he was committing an offence.

“You transported the cattle in the middle of the night to evade police as you hadn’t cleared the cattle. From the evidence given it’s clear that you knew that the cattle were stolen and you were transporting them,” he said.

Mr Mawere sentenced Muleya to an effective nine years mandatory jail term.

Prosecuting, Mr Stanley Chinyanganya said Muleya was intercepted on October 22 at around 2AM along the Plumtree-Dombodema road while transporting the four beasts.

“Muleya went to Sizanani Farm in Figtree area and stole four beats belonging to Mr Michael Ngwenya and Mr Mbekezeli Mpofu who are both farmers in the area. He loaded them into a Mazda B1600 truck and proceeded with them to Dombodema area in Bulilima.

“He was intercepted by police detectives at the seven kilometre peg along the Plumtree-Bulawayo Road. Police asked him to produce a police stock clearance form and stock movement permit but he didn’t have any,” he said.

Mr Chinyanganya said police questioned Muleya and he failed to give a satisfactory answer on why he was transporting the beasts. He also failed to produce proof that he was the owner of the beasts.

The prosecutor said Muleya was arrested immediately and investigations revealed that the beasts had been stolen from Sizanani Farm.

Mr Chinyanganya said Mr Ngwenya and Mr Mpofu were called to the Plumtree Police Station where they positively identified their missing cattle.

In mitigation, Mr Prince Butshe of Mathonsi Ncube Law Chambers, who was representing Muleya, begged the court to be lenient with his client.

“Your Worship my client is married with six children and he is the sole bread winner of his family. One of his children is disabled and requires special attention. My client is aged, he is now 63.

“He is diabetic and is due for a prostate cancer operation. I’m aware that the court’s hands are tied with regards to penalties in such cases but I pray that you make an exception,” said Mr Butshe.

@DubeMatutu

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