The magistrate dismissed their testimonies as a pack of lies because it was not a normal to let one’s friends search and undress visitors after offering to accommodate them.
She added that the accused persons’ intention was to take the belongings of the victims for themselves, adding that the state had proven its case beyond reasonable doubt.
The quartet, Maxwell Phiri, 20, Trust Nkomo, 30, Arnold Khumalo, 21, and Jabulani Moyo, 27, were sentenced for robbing fellow Zimbabweans of their property.
Promise Magenza, 20, and Racky Ndlovu, 18, fell victims two days before the 2008 Christmas holidays. The court was informed that it all began in front of the Francistown Magistates Court when they arrived in the city.
The first accused person, Phiri, is said to have approached them (victims) and later promised to accommodate them at his house in Somerset East location. The trio proceeded to the house where they found the house locked and Phiri promised to go and look for the keys.
When Magenza and Ndlovu were about to leave the house after waiting for a while, Phiri suddenly showed up. Later, the other accused persons arrived and started searching their helpless victims and found a Nokia cell phone and P400 cash. Phiri, who was allegedly present, never told the others that he knew the victims and that he had promised to accommodate them.
The accused persons proceeded to undress their ‘guests’ only to leave Magenza in his underpants and Ndlovu on his under shorts. The court further heard that Phiri immediately disappeared into thin air while the other three escorted the victims. Towards bedtime, the accused sandwiched the duo to ensure they did not escape.
Later, Magenza requested to go to the loo and that way managed to escape captivity. Following the path he earlier used with Phiri, he managed to reach Engine Filling Station at Nzano Centre where people gave him clothes and called the police. Some minutes after, Ndlovu also managed to escape and followed the same path until he reached the crowd that had assisted his companion.
The judgement further said that the victims were later detained at the Centre for illegal Immigrants in Gerald Estates location awaiting deportation. The deportation was then delayed.
Three days later, Magenza and Ndlovu managed to identify Phiri who had just joined other illegal immigrants at the centre. Upon noticing Phiri, who was wearing their (victims) clothes, the duo reported the matter to the police who later arrested the rest of the thugs.
The cell phone belonging to one of the complainants, which had been sold for P200 to a Somerset East vendor was recovered.
MMEGI 2002 – 2009Developed by: Life Media
Post published in: Uncategorized