The prosecution’s appeal against the High Court decision to grant bail to Tatenda Gadzikwa, the ring leader of the recent US$2,7 million heist hit a snag after the Supreme Court refused to accept the appeal.
On Friday last week, Gadzikwa successfully applied for bail
before Justice Webster Chinamora.
He was granted $50 000 coupled with stringent conditions.
The State had opposed bail. Aggrieved by
the court’s decision, the prosecution yesterday approached the Supreme Court
intending to file its appeal but hit a snag after its papers were rejected.
Appeals are not covered under the practice directive issued
by Chief Justice Malaba guiding courts operations during the national lockdown
period, which has since been extended by another two weeks.
Under the Chief Justice’s practice directive issued
yesterday, registries will only accept initial remands, urgent processes and
applications plus bail applications.
The filing of new cases, processes, documents, pleadings
and papers remain suspended for the period up to March 1. Gadzikwa (39) is
facing armed robbery and unlawful possession of a firearm charges.
His co-accused Gerald Rutizirira 35, Kelvin Musakwa 25,
Tendai Zuze 35, Neverson Mwamuka 35 and Trymore Chapfika, Fanuel Masakwa and
Shadreck Njowa were also placed on remand on the same matter.
The State charges that on January 6, Gadzikwa and his
alleged accomplices planned to rob the bank of cash that was in transit to be
distributed to its branches across the country.
It is alleged that they conspired with several others and
arranged three getaway vehicles and planned that three would be picked up while
being accomplices to the heist.
Masakwa was in the ZB Bank cash-in-transit vehicle, a white
Toyota Hilux with a canopy, and would frequently contact his accomplices on
their way from Harare to Chinhoyi. Along the way they collected a box
containing $43 090, which was supposed to be deposited at the bank and as they
drove towards Chinhoyi, the driver picked up three ‘passengers’ on Masakwa’s
instructions.
It is reported that when they reached the 60km peg, one of
the accomplices pretended that he had reached his destination and the driver
stopped the car to let him disembark, that was when the passengers produced a
gun and threatened to shoot the crew.
Other accomplices arrived immediately driving an Isuzu
twin-cab belonging to Rutizirira, a Toyota Passo and a Toyota Lexus. They were
armed with pistols and fired two shots in the air then tied up the crew members
before speeding away with seven boxes of the money leaving them at the scene.
The State alleges that Rutizirira led to the discovery of
US$96 100 which remained from his share as well as a Toyota Hilux he bought
soon after the offence and he also led the police to the red getaway car which
had been repainted.
Musakwa reportedly led to the recovery of US$48 000, which
he obtained as Musakwa’s proceeds of the crime while Zuze led to the discovery
of US$35 082, which he remained with after buying a Toyota Baby Quantum.
Mwamuka led to the recovery of US$74 884, which he remained
from his share and a Honda Fit he had bought with some of his money and the
Lexus used in the robbery while Chapfika led to the recovery of US$38 900.
The State alleges that Gadzikwa led to the recovery of
US$63 000 he had received as proceeds from the commission of the offence and a
Toyota Hulux he had bought for US$18 000.
He was arrested after his accomplices implicated him. Herald
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