IN what lawyers described as miscarriage of justice, an armed robbery suspect who was arrested in early December last year and refused bail due to the gravity of the alleged offence, was on Wednesday acquitted due to lack of evidence. SILAS NKALA STAFF REPORTER
Daniel Moyo (18) of New Lobengula in Bulawayo was denying the armed robbery charge when he appeared before Bulawayo magistrate Crispen Mberewere. Moyo was denied bail when his case was first heard in court on December 7 last year and he had been languishing in custody until yesterday when lawyer Modecai Donga of Lazaras and Sariff applied for discharge of the case.
The State led evidence from two witnesses, but failed to get tangible evidence to pin Moyo down. At the close of the State’s case, Donga made oral submissions for discharge citing lack of evidence linking Moyo him to the crime.
Donga also lashed out at the State for continuously detaining a suspect and denying him bail without proper evidence linking him to the crime.
“This is a failure by the State. It just detained this boy even without clear evidence that he was the real suspect they wanted in connection with the robbery case. They denied him bail until his relatives approached me yesterday (Wednesday) seeking legal help,” said Donga.
Allegations against Moyo had been that on December 7 last year at around 6pm, the complainant Newman Ncube (16) of Pumula South was coming from the Bulawayo Amphitheatre in the company of two friends when he approached them and allegedly demanded all they were carrying.
The students ran away, but Ncube allegedly fell at the corner of Robert Mugabe Way and Leopold Takawira Avenue and Moyo allegedly stabbed him. Ncube made a report to the police. leading to Moyo’s arrest.
