Mutenda is facing several counts of armed robberies and was
released on $5 000 bail on December 9 when the State consented on the basis
that some of his co-accused were out on bail.
But he failed to turn up on Friday for routine remand and
Harare magistrate Mrs Judith Taruvinga issued the warrant of arrest.
Mutenda was supposed to stand trial for his armed robbery
charges on February 17 next year with co-accused Prince Makodza, Carrington
Marasha, Liberty Mupanhanga, Godfrey Mupamhanga, Spicer Takawira and Musafare
Mupanhanga.
On January 21 next year, Mutenda was supposed to be tried
at Harare magistrates’ court on other armed robbery charges with Eddison
Mashamhanda, Spicer Takawira, Prince Makodza, Musafare Mupanhanga, Nevanji
Madanhire, Christopher Mashamhanda and Dudzai Chidangwara.
Mutenda was also expected to appear in court on December 30
for routine remand on similar charges with Musa Taj Abdul, Musafare Mupamhanga,
Godfrey Mupanhanga, Spicer Takawira, Carrington Marasha, Benjamin Chitunhu and
Conwell Kasambarare.
Mutenda was initially denied bail when he applied at the
High Court on October 20 this year.
The State led by Mr Chesa opposed the application, arguing
that they had a very strong case against him.
Mr Chesa also told the court that Mutenda had led to
recoveries of some of the stolen items, that there was a CCTV footage that
showed him at the crime scene, that his accomplices implicated him and there
were phone calls linking him to the offence, all of which left the prosecution
with a very strong case against him.
High Court Judge Justice Tawanda Chitapi dismissed
Mutenda’s bail application on grounds that he was likely to abscond and that he
was facing a serious offence.
Barely a month after his bail application was dismissed at
the High Court, Mutenda engaged a different lawyer and approached the same
court, and went before a different judge.
New lawyer Mrs Concilia Maheya made a fresh bail
application citing changed circumstances on December 8. In that application,
Mutenda argued that his co-accused, Musafare Mupanhanga, Spicer Takawira,
Benjamin Chitunhu and Conwell Kasambarare, had been granted bail.
He also argued that he had no pending cases as the State
had alleged. Mr Chesa responded to the fresh bail application on the same day
consenting.
“The present application is based on changed circumstances,
which the respondent (State) is of the view that they tilt the scales in favour
of the applicant,” he said.
“In the initial application, neither the then legal
representative nor the investigating officer who gave oral evidence in court
told the court that there were other accused persons who are facing the same
charges, already on remand and are out on bail.
“The applicant (Mutenda) is linked to the commission of the
offence through implication by his co-accused. He was arrested at his home and
no recoveries were made from him. Further, no formal identification parade was
conducted to allow the respective victims to finger the applicants as having
been part of the gang that committed the offence. The only probable link being
the CCTV coverage and call history of his cell phone.”
Mr Chesa said in his consent papers that issues of the CCTV
and call history were to be tested and determined during trial.
He said there was need to have proof from the police on
whether Mutenda was on the run or not, as there was no evidence presented
before the court in that regard.
Justice Benjamin Chikowore, acting on Mr Chesa’s consent,
granted Mutenda bail on December 9, a day after he made his application. Herald
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