Auxilia Katongomara, Chronicle Reporter
THE Supreme Court has granted $2 000 bail to Bulawayo businessman Oricious Moyo, who allegedly shot his lover’s husband resulting in his death.
Moyo allegedly shot and injured Tawanda “MaPecca” Moyo, a former member of Siyaya Arts Group who later succumbed to the gunshot wounds.
He was initially charged with attempted murder and now is facing murder charges after Tawanda died last September.
Oricious, through his lawyer, Mr Robert Ndlovu, filed an application at the Supreme Court after his application for bail was dismissed by Bulawayo High Court judge Justice Nokuthula Moyo.
Supreme Court Judge, Justice Elizabeth Gwaunza on Monday granted him $2 000 bail.
“The applicant be and is hereby admitted to bail on the condition that he deposits $2 000 with the Registrar of the High Court and surrenders his passport to the Registrar of the High Court in Bulawayo,” reads the ruling.
Justice Gwaunza ordered Oricious to reside at his residence in Emganwini suburb in Bulawayo until the finalisation of the matter.
He was also ordered not interfere with witnesses or investigations.
Oricious appeared at the Magistrates Court yesterday for routine remand and would be back on February 23.
In his grounds of appeal, Oricious said Justice Moyo grossly erred when she ruled that he was a flight risk as he was a proper candidate for bail. Oricious argued that there were no compelling grounds to deny him bail.
He said he was a successful businessman looking after his seven children hence he harboured no thoughts of fleeing despite the seriousness of the alleged offence.
“The court a quo grossly erred by making findings that there is a real risk that appellant may interfere with witnesses despite the fact that the State never raised an issue of interference with witnesses in its initial notice of opposition,” he said.
Oricious said Justice Moyo erred by disregarding his right to be treated as innocent until proven guilty.
“The court a quo also grossly erred at law by shifting the burden of proving the justifiability of limiting the appellant’s right to bail from the State to the applicant. In fact, it is the State which has the burden of proving the justifiability of limiting the appellant’s right to bail,” he argued.
The State argued that due to the gravity of the offence, there was no guarantee that if granted bail, Oricious would not abscond given that he has links in South Africa since he is a cross-border transport operator.
The court heard that on July 25 at around 10PM, Oricious parked his motor vehicle at his residence waiting for the gate to be opened.
He was in the company of Tawanda’s wife, Jacqueline Moyo, with whom he was allegedly having an extra-marital affair. Jacqueline is also an employee at Fish and Chicken City owned by Oricious. While still parked at the gate, the now deceased confronted the pair and enquired about their relationship, the court heard.
At that moment Oricious started his car in an attempt to flee but Tawanda clung to the front passenger’s door. This prompted Oricious to produce a pistol and allegedly shooting Tawanda once on the right side of the ribcage. Tawanda fell to the ground and the two who were still in the car sped off.
Oricious later reported the incident to the police accusing Tawanda of trying to rob him. Police attended the scene and summoned an ambulance which rushed Tawanda to Mpilo Central Hospital.
On August 28, an operation was conducted on Tawanda who still had a bullet lodged in his body near the spinal cord.
After the operation, Tawanda’s condition deteriorated and he was transferred to the Intensive Care Unit where he died the following day.
Tawanda’s post-mortem report shows that he died due to septic shock, septic laceration, gunshot wounds and assault. – @Auxiliak.