Gweru marshal accused of theft from magistrate’s bottle store
By Dumisani Ndlovu
Stephen Mtetwa, a 35-year-old rank marshal in Gweru, has been taken to court for allegedly burglarizing a magistrate’s bottle store, Dos Sandos Hideout, and making off with US$2390.50 worth of goods.
The accused popularly known in the touting circles as ‘Tsepo’ appeared before Gweru Magistrate Anorld Maburo charged with the crime of ulawful entry into premises in Aggravating circumstances in contravention of section 131(2) (a) (c) (d) (e) of the Criminal Law Codification and Reform Act Chapter 9:23.
On November 8-9, 2023, Stephen Mtetwa allegedly committed a burglary at Dos Santos Hideout, Chiundura Road, Gweru, according to Public Prosecutor Bongani Taurai Mavuto. Mtetwa purportedly broke into the shop owned by Blessing Tsingano using an iron bar, illegally entering the premises without permission.
The Prosecutor said “On the night between 8th of November 2023 and the 9th of November 2023 the accused, Stephen Mtetwa unlawfully, intentionally and without permission from Tsingano, the lawful occupier of Dos Santos Hideout Hideout, Chiundura Road, Gweru or any other authority entered into the shop by breaking the door using an iron bar,” he said .
Prosecutor Mavuto said “The accused took property listed in the column a and b of annexture A to the charge sheet belonging to Blessing Tsingano knowing the complainant was entitled to own, possess or control the property or realising that there was real risk or possibility of that Blessing Tsingano was so entitled and intending to deprive him permanently of his ownership, possession or control or realising that there was a real risk or possibility that he may so deprive him of his ownership, possession or control.
Detective Issac Maradza, the investigating officer, testified in court that he received a tip-off that Tarisai Makoni, a businessman from Mtapa, was in possession of a stolen generator. Accompanied by his colleagues, Detective Sergeants Matare, Mhlanga, and Muchabayiwa, they investigated the lead and successfully recovered the stolen generator from Makoni’s premises.
Taxi driver Prince Mpofu who transported the stolen goods testified in court that in November 2023, he was hired by the accused, Stephen Mtetwa. Mpofu revealed that he was tasked with transporting the property, including a yellow industrial generator, to Chiundura alongside Mtetwa’s accomplices, Shorty and Deva. Upon arrival, the property was offloaded at a homestead, and a heated argument ensued among the trio. They later returned the generator, which was intended to be left in Mkoba 16. Mpofu stated that Mtetwa exited the vehicle in Mtapa, Gweru, claiming to run an errand in the CBD. Mpofu then proceeded to Mkoba 16 with Shorty and Diva, where they sold the generator to Tarisai Makoni.
As they returned to Gweru CBD, where the accused Mtetwa was waiting, Mpofu overheard Shorty and Deva discussing how they would share the proceeds from the sale of the stolen generator. They planned to divide US$65 equally among themselves and give Mtetwa US$40. Mpofu’s testimony revealed the alleged profit-sharing scheme among the accused and his accomplices.
Tarisai Makoni confessed that he purchased the stolen generator from Shorty and Diva, who initially demanded US$650 but eventually settled for US$350. Makoni revealed that he paid US$200 upfront and instructed the duo to return the next day to collect the remaining balance of US$150.
Magistrate Blessing Tsingano, the complainant, showcased his exceptional legal expertise during the cross-examination of Stephen Mtetwa, the accused. With remarkable precision and dexterity, Tsingano recounted the incident, detailing how he received a call from his worker reporting a break-in at his shop. He responded amicably to the accused’s hard-hitting questions, demonstrating his mastery of the legal progression. Tsingano’s professionalism and composure under intense questioning impressed the court gallery, showcasing his exceptional skill as a seasoned legal practitioner.
Throughout the cross-examination, the complainant Tsungano demonstrated exceptional diplomatic skill and acumen, leaving the accused visibly perplexed and speechless.
His adept responses to the accused’s hard-hitting inquiries, posed with calculated precision, successfully elicited vital information.
The magistrate Maburo and Prosecutor Mavuto’s proficient in handling of the cross-examination demonstrated their extensive knowledge and experience as seasoned court officials, highlighting their exceptional talents, while maintaining a composed and impartial demeanour during the cross-examination.
The court and the state’s impressive display of legal prowess left a lasting impression, solidifying their reputation as a formidable and skilled judiciary officers.
The accused, Stephen Mtetwa, facing charges of unlawful entry and theft, denied the allegations, claiming he had purchased the stolen property from Shorty and David Mudyandigere (also known as Diva), whom he told the court is a member of the Presidential guard.
According to Mtetwa, Mudyandigere was relocating to Harare and sought to sell some of his belongings. The stolen items, valued at US$2,390.50, included an industrial generator, refrigerator, radio speakers, groceries (including 100 kg of sugar and cases of beer), and other items. However, property worth US$2,010 was recovered. The trial has been adjourned until July 10, 2024, for further proceedings.
