Zimpapers Logo

Mashudu Netsianda, Senior Court Reporter

THREE Gwanda-based game scouts who allegedly beat a poacher to death and dumped his body in a dam in West Nicholson, have approached the High Court seeking bail pending trial.

Phumulani Sibanda (25) of Filabusi, Crispen Ndlovu (41) of Filabusi and Sunday Moyo (47) of Mwenezi are each facing a murder charge in connection with the death of Mr Peter Mpofu (56) of Mwenezi.

The trio, which is employed at Bubiana Conservancy Ranch in West Nicholson, ambushed Mpofu together with his two colleagues while they were poaching fish at a dam at the ranch. They fatally assaulted Mr Mpofu and threw his body into a dam to conceal the offence. Mr Mpofu’s colleagues escaped.

Sibanda, Ndlovu and Moyo through their lawyers GN Mlotshwa and Company Titan Law, filed an application for bail at the Bulawayo High Court citing the State as a respondent. 

In their bail statements, the three accused persons are denying the charge, arguing they were framed by some illegal settlers involved in poaching activities.

“It is important to mention that there is generally friction between settlers on the opposite bank of the river who are well known for poaching and game rangers. There is a real possibility that this could be a case of framing the three accused persons as a way of warding off game rangers,” argued the trio’s lawyers.

The lawyers argued that there were no compelling reasons by the State warranting their continued detention.

“Accordingly, it is humbly submitted that it is not in the interest of justice for the three accused persons to remain in detention pending their trial as this is a violation of their fundamental rights. The investigating officer, in opposing the bail, alleges that the accused persons are facing a serious charge and therefore likely to abscond if granted bail and that is not sufficient ground,” said the lawyers.

The lawyers argued there was no evidence to prove that if granted bail, the three men would abscond or interfere with State witnesses.

The three accused persons are offering to pay a bail of RTGS$100 each as well as reporting once every fortnight at Gwanda Police Station until the matter is finalised as part of the bail conditions. They also offered to surrender their passports to the Clerk of Court in Gwanda.

In papers before the court, it is alleged that Sibanda, Ndlovu and Moyo, who are game scouts, found Mr Mpofu and his two colleagues at Boulder Creek Dam in Bubiana Conservancy Ranch preparing to cast fishing nets into the dam. The accused persons allegedly ambushed Mr Mpofu and his colleagues who fled from the scene.

The accused persons manhandled Mr Mpofu and assaulted him all over the body resulting in his death. They threw Mr Mpofu’s body into the dam and left the scene.

Mr Mpofu’s body was found floating in the dam on April 5 by a passerby and it was retrieved from the water on the following day. 

The deceased sustained a swollen right eye, injuries on the left side of his pelvis, swollen penis and testicles. 

Mr Mpofu did not have any signs of having swallowed water indicating that he was dead before he was thrown into the water. — @mashnets