Another Ex-Zim Soldier Faces Criminal Charges
Goitsemodimo Kaelo | Wednesday June 28, 2017 17:14
Moyo, who was arraigned and charged before Broadhurst magistrate Faith Ngandu on Friday, revealed that he could not return to his home country for political reasons. Early last year, another Zimbabwean Mike Graduate Mutidzwa appeared in court charged with possession of illegal firearms; possession of a ceremonial uniform suspected to be that of the Zimbabwean National Army and obtaining by false pretences.
It is said that Moyo, remained in Botswana unlawfully beyond 90 days between October 31, 2012 and June 21, 2017 in Gaborone for a period of 1,695 days (4 years, 233 days).
On another charge, the accused is said to have defrauded 165 people money as legal fees by falsely pretending that he is a duly registered lawyer and admitted as such in Botswana whilst he knew that the presentation was false from November 1, 2012 to June 21, 2017 through his Para Legal Services and Consultancy Company.
The prosecution applied for the accused to be remanded in custody, as investigations are still ongoing. When called upon to motivate for the application by the state, the investigating officer (IO) Detective Senior Superintendent Sergeant Marapo (Deputy Divisional CID Officer, South Central) told the court that the accused is not a bail candidate because he is an illegal immigrant.
He stated that the accused operated an unlicensed business and rendered legal services and had no proper qualifications to practice as legal advisor.
“Upon searching his work place, we discovered 165 files of people who had sought his legal services with cases at district level, magistrate’s court, High Court and Court of Appeal. He has 84 people at High Court, Court of Appeal, and Industrial Court. He also did 52 cases at magistrate’s court, four at district and 25 are still unregistered,” Marapo said. Marapo said that it has emerged from the Law Society of Botswana that the accused is not their member, despite practising and handling high profile cases. He said if granted bail, the accused might abscond. He said the accused has failed to produce any document, which allows him to stay in Botswana after his initial residence permit expired in 2012.
“He also said that he was attached to the legal department during his days with the army and did law on correspondence, but failed to produce any proof. He also failed to produce his passport but gave me just a page of a passport bearing his photo and particulars. I have to verify all this with Interpol Zimbabwe.”
Meanwhile, the accused was not amused with the IO’s testimony. He said that he has a receipt that he showed to the IO, which proves he was on the process of replacing his lost passport prior to his arrest.
“Your investigations are bad. You are incompetent and you must improve as a detective. You are lying to the court. I will produce the documents to prove that I am a bail candidate. I am customarily married to a Motswana whom we have a child together,” Moyo said.
He continued: “I have no intentions to return to Zim. Politically I am unable to return which is why I remained unlawfully in Botswana. I request for permission to be allowed to secure my passport”.
When making a ruling, magistrate Ngandu denied the accused bail saying he is a non-citizen, does not possess documents that allows him to stay in Botswana and is an illegal immigrant. She said that the court could not release someone facing criminal charges back into the society. “With or without a passport, the accused is not a candidate for bail.
He could be deported and declared prohibited immigrant,” Ngandu said. Meanwhile, the state prosecutor Inspector Oamogetswe Gaboutlwelwe indicated to the court that they could add more charges. The accused has been ordered to appear in court on July 6, 2017. His plea has been reserved.