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Court Reporter
SEVEN high-ranking police detectives in the homicide unit in Bulawayo, who are in custody on charges of theft, criminal abuse of office, and obstruction of justice, have filed for an urgent bail application at the High Court.

The septet filed the application last Wednesday through their lawyer, Mr Prince Butshe Dube of Mathonsi Ncube Law Chambers, amid reports of concerns for their safety.

Mr Dube confirmed the development, stating that he was representing the seven and was awaiting an appeal date from the High Court.

“We have since filed for a bail application and await a response from the High Court this week,” said Mr Dube.

According to a source from Khami Prison, where they are being remanded, the seven are desperately seeking freedom as they are housed in the same prison with criminals they previously arrested.

“They are subject to a lot of bullying and harassment from the criminals they put away. Their safety is of concern. They are constantly being monitored to ensure their safety,” said the source.

The seven were arrested on allegations of an illegal operation they were reportedly contracted to carry out using state resources.

The group comprises Wellington Masuna, Kuziwa Dennis Zambuko, Fakazi Swati, and Clemence Mbofana, who led an unsanctioned operation to recover gold ore and money, while Patson Muchingami, Weddington Mugabe, and Fairchild Katazo were charged with obstruction of justice.

The State, according to documents, denied them bail on their initial appearance after it was revealed they have previous convictions, pending cases in the courts, and a high risk of interfering with witnesses.

“The accused might violate or jeopardise the investigations and proper functioning of the criminal justice system, as evidenced by an incident at Bulawayo Central Police Station before detention in police cells.

“The accused persons, in agreement with their police colleagues, disregarded police authority and removed their handcuffs without prior authority from the investigators. The accused persons further refused to co-operate with investigators despite efforts to restrain them again by means of handcuffs. A case of obstruction or defeating the course of justice was opened against the accused’s colleagues under Bulawayo Central Police CR 402/10/24,” read the court documents.

It is alleged that on October 7 this year, Masuna, Zambuko, Swati, and Mbofana received a call from Lista Chipuriro, an artisanal miner based at Nugget Mine, Matopos, seeking their services to recover gold ore and nuggets allegedly stolen by Petros Daki, the complainant in the matter.

“The accused persons, led by accused two, accepted the request knowing that Nugget Mine lies under the jurisdiction of ZRP Matopos and CID Minerals Fauna and Flora Unit in Plumtree, and with the knowledge that Lista Chipuriro had engaged them to carry out unsanctioned investigations.

“Thereafter, the accused persons, using a police vehicle, intercepted the complainant who was in Shepherd Nyoni’s vehicle, a Toyota Bubble, at Cecil Hotel, Corner 3rd Avenue and Fife Street in Bulawayo. Accused number one, two, and three, again using the same police vehicle, took the complainant, Shepherd Nyoni, and Costa Mathe to a house in Pumula South, where they unlawfully recovered cash amounting to US$23 700 from the complainant’s mother, Thenjiwe Dube,” read the court documents.

It was further alleged that the quartet then drove back to CID Homicide offices, where Zambuko gave US$7 800 to Daki as money they had recovered.

“The accused persons, well knowing that they were not conducting official investigations, unlawfully and intentionally confiscated the US$15 900 from the complainant and converted it to their own use, thus acting contrary to or inconsistent with their duties as public officers with the intention of conferring an undue benefit to themselves and prejudice to the State,” read the documents.

It was stated again in court records that at around 5pm, the four also impounded a vehicle belonging to Daki, which he had purchased from selling some of the alleged stolen gold ore and nuggets to a gold dealer in Luveve.

“The four, again using the same police vehicle, took Petros Daki and Costa Mathe to Cowdray Park, where they unlawfully recovered cash amounting to US$2 000 from the complainant’s wife, Prosper Moyo. Soon after taking the complainant’s money, accused two handed back US$500, alleging that the remainder was not his. Upon arrival at CID Homicide offices at Bulawayo Central Police, the accused person released the complainant’s vehicle into his custody.

“At the same time, they dismissed Lista Chipuriro and Costa Mathe from the station, indicating that both parties were to pursue the matter in the civil courts.

“The accused persons, well knowing that they were not conducting official investigations, unlawfully and intentionally confiscated the US$1 500 from the complainant and converted it to their own use, thus acting contrary to or inconsistent with their duties as police or public officers with the intention of conferring an undue benefit to themselves and prejudice to the State,” the court heard.

On October 24, Muchingami, Mugabe, and Katazo, who were armed with service pistols, tried to prevent Zambuko, Mbofana, Swati, and Masuna from being detained after they were hauled to the station by other detectives.

“Circumstances are that on 24 October 2024, the accused persons, who were all armed with service pistols, violently hindered/obstructed the police from detaining lawfully arrested accused persons by removing the handcuffs, thereby setting them free,” read the court documents.