A JAILED hooligan who broke into a butchery and looted meat
worth more than $14 000 before loading it into his car during the January
violent protests, has approached the High Court seeking bail pending appeal.
Victor Sibanda of Nkulumane suburb in Bulawayo was part of
a group of hooligans that looted shops during the protests. He was convicted of
public violence and unlawful entry by Bulawayo magistrate Mr Tinashe Tashaya
who sentenced him to five years in jail which he is serving at Khami Prison.
Sibanda, through his lawyers Tanaka Law Chambers, has filed
an application for bail pending appeal at the Bulawayo High Court citing the
State as a respondent.
In his bail statement, Sibanda said he was convicted on the
basis that the car he was driving on that particular day had earlier on been
spotted being loaded with meat at Empire Butchery in Nkulumane suburb.
He argued that the magistrate ignored the manner in which
the number plates were obtained and contradictory evidence from both the
complainant and State witnesses. Sibanda said some of the State witnesses were
not credible as their oral evidence contradicted with their statements.
“The State case was full of inconsistencies as all
statements by witnesses differ materially with one of them changing the version
in court to an eye witness who saw the applicant,” he said.
Sibanda said the magistrate erred by stating that he did
not raise the defence of alibi, but only so during the defence case. He said
his appeal had prospects of success.
“It is very clear that a different court is more likely to
overturn the conviction and sentence as no reasonable court could have relied
on manifestly unreliable evidence. Nothing was recovered from the applicant to
show or suggest he was at the shops and that he stole the meat. The appeal has
high prospects of success,” said Sibanda.
In his notice of appeal against both conviction and
sentence, Sibanda said the magistrate misdirected himself by convicting him on
the charge of public violence when all witness evidence suggested that he only
stole meat from the butchery.
He said the magistrate erred by accepting and giving weight
to his motor vehicle registration number, which was not obtained at the scene
of the crime during looting, but after a visit to his house by the
complainant’s friends masquerading as police officers.
He argued that by virtue of a wrongful conviction, the
sentence must subsequently fall away.
Sibanda also dismissed the State assertion that if released
on bail pending appeal, he was likely to abscond or interfere with State
witnesses.
“There is not even a remote possibility of danger to the
administration of justice should the applicant be released on bail,” he said.
Sibanda offered to pay $300 bail and to reside at his given
address until the matter is finalised and abide by any other conditions the
court deem necessary.
According to court papers, Sibanda was part of a group of
protesters who broke into Empire Butchery in Nkulumane suburb on January 15 and
stole meat. He loaded the loot into his car, a Honda CRV and sped off.
He was arrested following police investigations. Chronicle
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