The motorbikes were seized as exhibits by the Zimbabwe
Republic Police (ZRP) Criminal Investigations Department (CID) but later
disappeared from their custody. Sarpo made a formal complaint with the Police
citing the Criminal Procedure and Evidence Act, [9:07] Section 58A (1) which
stipulates that the exhibits should be returned to the owner within 21 working
days from the date of seizure, but the police allegedly showed no interest in
the matter. He was left with no choice but to approach ZACC.
During their initial appearance, Harare Magistrate Dennis
Mangosi remanded Williams and Maburutse out of custody to April 4, 2024, after
granting them a bail of $100 each pending trial. Since then NPA’s District
Public Prosecutor for Harare Tendai Shonhayi has never set a trial date,
although ZACC had completed its investigations and submitted the docket to
court for prosecution.
The case is regarded as one of the cases that expose
corruption in the police and the NPA as there are several such cases which are
dragging for years at the police and the courts. This has led many people to
lose confidence in both the police and the courts. Sarpo has since raised a
complaint with NPA.
Prosecutor General Judge Justice Loice Matanda-Moyo
acknowledged receiving the complaint and said she had forawarded it to the
relevant department as she was busy with the High Court Circuit.
I have forwarded the complaint to the relevant department
as I am busy these days. I will look into the matter next week,” she said.
The bikes were seized by CID Harare Commercial Crimes
Division and instead of being kept at the Police Station, they were kept at a
Yagden warehouse in Chiredzi after the company’s Loss Control manager Solomon
Mateta signed an indemnity form. Williams was claiming he gave Sarpo US$150,000
from the company but he diverted the motorbikes to personal use.
However, Magistrate Ruramai Chitumbura, acquitted Sarpo of
the charges in March 2023, and issued a grant order for the motorbikes to be
released to Sarpo.
Part of her order, dated May 4, 2023, reads: “RE: Release
of exhibits State vs Tony Renato Sarpo CRB HREP4035/17. In respect of the 3rd
count the accused was found not guilty and acquitted therefore the 35
unassembled motorbikes are to be returned to the accused person.”
When Sarpo went to CCD to ask for assistance to retrieve
the exhibits back into his care, they were not there. It is alleged the
motorbikes were disposed of during the trial while they were still State
exhibits. Masvingo Mirror
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