Zim man denied bail for murder, robbery

Tumelo Mouwane | Tuesday March 22, 2016 15:17

 

The trio, Tawanda Makufara (33) of White City, Augustine Tembo (31) of Kuwadzana, Harare, Zimbabwe and Trevour Vandirayi (36) of Masvingo village in Zimabwe, are alleged to have on August 5, 2014 stabbed Elisha Eyitato with a sharp object before charging at his father at Village (Gaborone) in a violent robbery that took place at the deceased’s house. Vandarayi was granted P40,000 bail two weeks ago.

Arguing his bail application, Makufara told the court that he had stayed long in prison. Makufara further said he had nothing to do with the incident.

“I have stayed long in prison and it is now 14 months and I plead with the court to grant me bail. I have Batswana sureties who can sign for my bail. I have only been included in this case because my simcard was found in the first accused person’s phone which I borrowed from him. He has agreed that the phone is his.

I plead with the court to grant me bail since I don’t know anything about the alleged offence and when we look at the charge sheet, there are only three people involved but five people are in prison,” Makufara said. Gorata Mokgacha of Directorate of Public Prosecutions (DPP) opposed the applicant’s bail bid arguing that the accused may abscond due to the nature of the offence and the evidence attached. Mokgacha further said the applicant was found in possession of the deceased’s phone seven hours and 58 minutes after the offence was committed.

“We are opposed to this bail application because the applicant is not a suitable candidate for bail. He poses a flight risk and he has no legal travel documents. At the time of his arrest, the investigating officer realised that the particulars of the applicant were attached to the passport using an adhesive which purports that the passport has been forged.

“The accused entered Botswana on March 2, 2013 using an emergency travelling document. A man of reasonable thinking will abscond looking at the nature of the offence and evidence attached. When the offence was committed, the accused person was an illegal immigrant. The applicant was found in possession of the deceased phone seven hours 58 minutes after the offence was committed but he failed to give reasons as to how he came into possession of such,” Mokgacha said.

Makufara however contested fabricating his passport. He further said he has a Motswana girlfriend who will take care of him if given bail.

“That passport wholly belongs to me. I don’t have assets in Botswana but the people who take care of me have them and will take care of me. I also have a girlfriend, the mother of my children who is a Motswana and the owner of the house we are renting. I was denied bail since the judge told me investigations are underway now they are over and I plead with the court to grant me bail.

“One of the accused person was given bail by the same court on 14th March this year. I pray that the conditions be the same as those of the other accused person,” Makufara said. Dube denied the accused person bail.