A SEVEN-MEMBER gang that allegedly pounced on Friday 13 Mine, Mfazimithi in Umguza in Matabeleland North, were last week further locked up pending trial while two of them, through their lawyer, filed an application for refusal of further remand indicating that they were not involved in the alleged robbery.
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The seven — Vusumuzi Ndlovu (24), Freedom Tshabangu (25), Jeremiah Mpofu (57), William Chimbidzayi (28), Hanelitsa Ndlovu (22), Johns Gavin Sinclare (34) and Bukhosi Dube (29), all represented by Matshobana Ncube — were not asked to plead to robbery when they appeared before Bulawayo senior magistrate Sibongile Msipa-Marondedze last week.
However, Ncube on behalf of Vusumuzi, Tshabangu, Mpofu, Chimbidzayi, Hanelitsa submitted that they had been seriously assaulted by the police even though in their initial appearance they had said they had no complaints against the law enforcement agents.
They said following their torture, they had implicated Sinclare and Dube.
“Accused one to five (Vusumuzi, Tshabangu, Mpofu, Chimbidzayi, and Hanelitsa have indicated that they did go to the mine, however, their intention was not robbery, but theft,” Ncube submitted.
“There are possibilities of changing their plea of guilty to theft not robbery.”
Ncube said they would challenge Sinclare and Dube’s placing on remand.
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He said accused six and seven were not anywhere near the vicinity when the offence was committed and charges placed on the two were because of their implication by accused one, two and three.
“There is no reason of suspicion that accused six and seven committed any offence,” Ncube said.
“There is no basis for them to be placed on further remand.”
The court heard that on December 3 2014, the seven allegedly went to Friday 13 Mine Mfazimithi in Umguza, where they unlawfully and violently took a 9mm FN pistol serial number 5535 with a magazine of two rounds of ammunition, one Samsung mobile phone and about 200kg of gold ore and cash amounting to $530 from Themba Zondo.
It is the State’s case that 11,4g of gold were sold to one Mbekezeli Dube for $275 on December 4, 40g were sold to John Ndlovu for $1 400 on December 11.
A report made to the police led to the arrest of first three suspects who then implicated the other five, leading to their arrest.
Police recovered the stolen pistol worth $500 and cash amounting to $530 from one of the accused persons.
Total cost of the stolen gold could not be ascertained.
