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The state had alleged that constables Tapiwa Mugabe, 30,
and Kenneth Chabaya, 28, were found in possession of batteries at Dumela
Industrial Site on June 3, 2019.
The police believed that the batteries belonged to a local
telecommunications company, Mascom Wireless.
During the accused’s appearance in court today, it emerged
that they bought the batteries from some people in Zimbabwe.
The police through Interpol managed to confirm that the duo
indeed bought the batteries from some people in Zimbabwe, but they did not
declare them at the Botswana Unified Revenue Service (BURS) at the Ramokgwebana
border post.
The accused’s attorney Morgan Moseki told the court that
the charges against his clients were bogus.
“My clients were kept in custody for more than 48 hours as
stipulated by the law. They are
law-abiding officers of the ZRP. Nobody has ever complained that the batteries
belonged to them.
The accused’s jobs’ status in Zimbabwe is hanging on the
balance because of this charge. They may end up losing their
jobs due to the bogus charge that the police laid against
them. We will sue the Attorney General for unlawful detention and malicious
prosecution,” Moseki said.
Moseki added that to be found in possession of something
does not mean that it is stolen property.
“I know that the state is withdrawing the charges against
the accused but the accused were persecuted by those who were supposed to
protect them,” Moseki said.
Earlier on, assistant superintendent Pearl Nkele told the
court that the police went to Zimbabwe to look for people who the accused said
they bought the batteries from.
“The police met three people in Mphoeng in Zimbabwe who the
accused bought the batteries from. The said people confirmed that the batteries
were not stolen but they sold the batteries to the accused,” Nkele said.
Delivering her brief ruling, Magistrate Lebogang Kebeetsweng
said that the matter was withdrawn with prejudice to the state. Mmegi
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