Justice Chitapi granted Mubaiwa $10 000 bail after noting
that the State did not have a strong case against the 47-year-old.
Mubaiwa, together with his co-accused Gift Moffat, had been
remanded in custody by the Harare Magistrates’ Courts on February 8. This was after they were arrested for
allegedly storming Zhang Guanghui’s home on February 2.
The duo, who were part of a five-member gang that was
allegedly armed with two pistons and a pair of catapults, jumped over the
precast wall surrounding the house and manhandled Zhang and five other
occupants.
The gang reportedly tied Zhang up with cables and assaulted
him before escaping with 600 grammes of gold as well as valuables worth US$50
000.
In delivering his judgment, Justice Chitapi said the prosecution
had failed to present an open and shut case to convince him to deny Mubaiwa
bail.
“In weighing the interest of justice against the right of
the applicant to his personal freedom, I am inclined in favour of granting
bail.
“I do appreciate that the offence is serious. However, the
circumstances of each case will determine how the seriousness of the offence is
likely to impact on the risk of the applicant absconding.
“The State case is not open and shut, if one considers the
allegations made and the evidence said to be available, a conviction is not
given.
“The interest of justice will be served if bail is granted
and the ensuing order is made. The applicant is granted bail. He shall deposit
$10 000 with the Clerk of Court at the Harare, Magistrates’ Courts,” Justice
Chitapi ruled.
He also noted that the fear expressed by the prosecution
that Mubaiwa would flee from justice was unnecessary as he had proven to be of
fixed abode.
“The applicant does not possess any travelling documents.
He is just a peasant farmer with no assets which can sustain him were he to be
minded to flee the jurisdiction of the court.
“He offered to report at Guruve Police Station as a check
mechanism to ensure his continued availability,” Justice Chitapi added. Daily
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