A BULAWAYO magistrate has dismissed a refusal of remand application by two suspects who are allegedly part of a seven-member gang that pounced on a mine in Umguza.
SILAS NKALA STAFF REPORTER
The magistrate said the matter should go to a full trial, where it would be determined whether the two were part of the gang or not.
Johns Gavin Sinclare (34) and Bukhosi Dube (29) were implicated in a robbery at Friday 13 Mine at Mfazimithi, Umguza.
The two, represented by Matshobana Ncube insisted they were not part of the gang and had only been implicated in the robbery after their co-accused was tortured in police custody.
However, magistrate Sibongile Msipa-Marondedze dismissed their application, saying there were some issues which could only be clarified through a court of trial concerning the two suspects.
She said the only application to be looked into concerning the suspects was that of bail, not for them to be placed off remand, since this was premature.
She then remanded them in custody to today for bail hearing.
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Ncube had submitted that five of the seven accused would prefer a plea of guilty to theft when the time comes, but would not admit to robbery.
The court heard that on December 3 2014, the seven allegedly went to Umguza mine, where they unlawfully and violently took a 9mm FN pistol, 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.
