Sichera who
immediately revoked Biziweki’s bail lambasted Police for leaving out several
key suspects who should have been arrested. She concluded that the forgery and
illegal sale of the house was done by a syndicate and most of the syndicate
members were turned by Police into State witnesses.
The ruling on
Biziweki was delivered at Rotten Row Magistrates Court on Thursday.
Sichera
however, acquitted Tatenda Wakatama (44)
who was jointly charged together with Biziweki. She said that Wakatama who
flighted an advert for the sale of the house could not be found guilty of an
offence when a person like Laina Mlambo who stole Dr Mutumbuka’s title deeds
from the Deeds Office where she worked as a supervisor was brought in as a
State witness by the Investigating Officer Tafadzwa Marashe
Police could
not account for Jonah Ngome who sold Dr Mutumbuka’s house and in whose name the
title deed was forged even though Ngome went through a registered law firm and
lawyer for conveyance. The magistrate’s conclusion was that there is a
possibility that Ngome doesn’t exist.
Mlambo pulled
out the title deed and gave it to her boyfriend Biziweki.
Also key in the
syndicate, according to the magistrate is the late Harrison Marange who bought
Dr Mutumbuka’s house for just US$40 000. Marange who died on Sunday was also
not arrested by the Police.
At one time
last week, the defence even asked Marashe they key State witness to become one
of their witnesses.
Biziweki was
locked up after the ruling and sentence is likely to take place on Monday after
mitigation. Biziweki looked lost as his bail was revoked and Prison guards
showed him the way to the back of the court and to Chikuribi Prison.
Wakatama could
not hide his joy after the ruling, chatting and telling his story to anyone who
cared to listen.
The case has
been a painful journey for Dr Mutumbuka who was evicted from his house after it
was illegally sold. Court battles raged on for almost four years until he
regained his residence last year after spending a fortune on lawyers. After
winning back the house Marange destroyed property at the residence before being
evicted out.
Seven State
witnesses were called to testify in the State case including lawyer Kenias
Mutyasira of Mubangwa and Partners who drafted the agreement of sale. Other key
witnesses were the investigating officers and a senior official from the Deeds
Office.
It is the State
case that Mlambo on June 22, 2021, connived with her boyfriend, Wakatama and
two others Prosper Biziweki and Jonah Ngome who is still at large to forge
Mutumbuka’s title deed 4480/88. Masvingo Mirror
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