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Justice Nicholas Mathonsi granted Apinos Darlington Mudzamiri (51), the senior prison officer, $200 bail. He should reside at 6 Oakley Road, Hatfield, Harare, until the finalisation of the matter.

The court further ordered him to report to Hatfield Police Station fortnightly, should surrender his passport to the Clerk of Court in Hwange and should not interfere with State witnesses.

His alleged accomplice, Tinotenda Mapanga (18), was granted $100 bail and should reside at House Number 1879 St Mary’s, Chitungwiza, until the finalisation of their case.

The court further ordered her to report fortnightly to St Mary’s Police Station and should not interfere with State witnesses.

The pair has pleaded not guilty to contravening Section 82 (1) of the Parks and Wildlife (General) regulations, 1990 Statutory Instrument 362 of 1990 as read with Section 128 (b) of the Parks and Wildlife Act, Chapter 20:14.

They are set to appear at the Hwange magistrates’ courts on 17 May.

Innocent Nyakuswa (28), of House Number 10556 Kuwadzana, Extension, Harare, pleaded guilty to the charge and was sentenced to four years in prison of which one year was conditionally suspended for five years.

The pair through their lawyer, Mr Tapson Dzvetero, of Antonio and Dzvetero Legal Practitioners, of Harare, lodged an application for bail, arguing that there were changed circumstances in that Nyakuswa had pleaded guilty to the charge but they later withdrew the application.

The court indicated that it was referring the pair’s case to the Supreme Court after they complained about constitutional rights infringements.

The pair said among other things, there was an infringe-ment of their rights by unlawful and further detention.

They further alleged that they were denied legal representation and complained of ill-treatment, saying they were subjected to sleeping in handcuffs.

In their bail application to the Harare High Court, they argued that Nyakuswa is their distant relative who requested the senior prison officer to escort him as they were also on their way to buying fish for resale in Harare.

It is their claim that they agreed to escort him genuinely believing that he was not doing anything unlawful.

They claim that they were not even present when Nyakuswa put the tusks in the motor vehicle.

It was further their argument that with their case having been referred to the Supreme Court in terms of Section 24 of the Constitution of Zimbabwe, it would take a fairly long time to be determined.

They noted that in his mitigation Nyakuswa exonerated them from the commission of the offence and accepted being in sole possession of all the tusks without their knowledge.

 

The State case is that on 9 March this year, at around 10am, police officers were conducting a joint operation with Parks and Wildlife Management Authority rangers in a bid to ease cases of poaching in the Chitekete and Simuchembo areas of Gokwe.

During the operation, the teams came across a Mahindra pick-up truck with registration GLL 4022 in which the trio and Maseve Shava, who is still at large were travelling.

The team stopped the vehicle and identified themselves as police officers and parks rangers. They told the quartet the purpose of the operation and requested to search their vehicle.

As the team was about to search the vehicle, Shava immediately took to his heels and disappeared into a nearby bush, the State alleges.

The team searched the vehicle and recovered eight elephant tusks hidden behind the vehicle’s seat. They were then arrested.

The eight tusks weighed 27,8kg and were valued at $6 960, 50.

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