EX-cop robber gets bail

Mashudu Netsianda, Senior Court Reporter
A NKULUMANE suburb ex-police officer who was part of an eight-member gang recently jailed 60 years each for raiding a Chinese mining company in Zvishavane, has been released on $1 000 bail pending appeal against conviction and sentence.

Isaac Kawundura (33) and his accomplices Thulani Nkala (38), Taurai Matarirano (27), Moses Karumbidza (30), Tady Magama (25), Learnmore Makore (27), George Chikomberanwa (34) and Fanuel Mononga (28) were recently convicted of armed robbery by a Gweru regional magistrate Mrs Phathekile Msipa.

They were initially facing 10 counts of armed robbery. They were however, convicted on six counts and acquitted on four others. The magistrate suspended 10 years each for five years on condition that they do not within that period commit similar crimes.

A further five years on each one of them were suspended on condition that they restitute their victims leaving them with an effective 45 years to serve.

Kawundura and his gang armed themselves with three rifles and four pistols before they proceeded to Camlark Mine in Zvishavane where they robbed the owners of their gold, cash and other valuables.

Bulawayo High Court judge Justice Evangelista Kabasa ordered Kawundura to report once a week at Nkulumane Police Station as part of the bail conditions until the determination of his appeal.

“The applicant be and hereby admitted to bail pending appeal in case number HCA 19/20. He should deposit bail in the sum of $1 000 with the Registrar of the High Court in Bulawayo. He should report once every week at Nkulumane Policer Station every Friday between 6AM and 6PM until the determination of his appeal,” ruled Justice Kabasa.

She also ordered him to continue residing at his given address until the finalisation of his appeal.

In his appeal, through his lawyer Mr Bruce Masamvu of Mutatu, Masamvu and Da Silva-Gustavo Law Chambers, Kawundura said the lower court erred by accepting uncorroborated evidence from one of his co-accused persons.

“The court a quo erred at law and in fact convicting the appellant (Kawundura) when there was no corroborated evidence placing him at the scene of the crime,” said Mr Masamvu.

He further argued that the sentence imposed on his client was too harsh and induced a sense of shock.

“The court a quo erred by making a finding that the items recovered from the applicant belonged to the complainant when there was no corroborated evidence to that effect. In sentencing the appellant, the court a quo ought to have tempered justice with mercy and should have avoided sentencing the applicant to the imprisonment of a massive and extraordinarily elongated 60 years,” said Mr Masamvu.

“The appellant prays that the conviction and sentence of the court a quo be set aside and be acquitted.”

In his bail statement, Kawundura said his application held prospects of success against both conviction and sentence.

Mr Masamvu said Kawundura was a proper candidate for bail, arguing that throughout his trial he displayed no signs of absconding court.

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