Magistrate Clever Tsikwa ruling to be reviewed at High Court in Paza Buster case

Harare – THE defence lawyer for Andrew Chenjerai will apply at the High Court to have the higher court review Harare Magistrate, Clever Tsikwa’s ruling that dismissed an application for discharge.

Chenjerai is facing a charge of armed robbery at Paza Buster Car Sales office and his application for discharge at the close of the State’s case was dismissed by Tsikwa on Tuesday.

Last week Tsikwa found Andrew Chenjerai’s co-accused, Bhekimpilo Ncube and Mehluli Ncube, not guilty of robbery charges at the close of the State’s case last week.

Bhekimpilo Ncube and Mehluli Ncube were the first and second accused in the case while Andrew Chenjerai was the third accused. Tsikwa despite freeing Bhekimpilo and Mehluli last week, the magistrate requested a week to come up with a ruling on Andrew Chenjerai.

The State had alleged the three acted in common purpose to rob Paza Buster Car Sales offices.

However, Tsikwa dismissed Chenjerai’s application to have his charge dismissed at the end of the State’s case.

Tsikwa ruled:”The application for discharge is dismissed.”

However, Tsikwa before he made the ruling said it was not a denial fact that Andrew Chenjerai is brother to the complainant Paul Chenjerai who is director at Paza Buster.

Second, that Andrew Chenjerai is a former director of Paza Buster and third, that Andrew Chenjerai reported Paul Chenjerai for fraud charges at the Criminal Investigations Department (CID), Commercial Crimes Division (CCD).

The police did not charge Paul Chenjerai for reasons known to them. A detective Sergeant Arnold Anderson who received the fraud report on Paul Chenjerai did not prepare a docket for Paul Chenjerai.

Paul Chenjerai has not been charged by the police.

Andrew Chenjerai’s lawyer, Romeo Chatereza of Dube, Manikai and Hwacha law firm notified the magistrate that they will have his rulling reviewed by the High Court.

“I carry instructions for review of this ruling,” Chatereza said in court.

Chatereza said the defence will seek a transcript of bail hearing proceedings at High Court where investigating officer, Detective Assistant Inspector, Isiah Chikanda testified.

A review of the magistrate’s ruling by the High Court focuses on whether the lower court process was fair and legal.

A High Court may set aside or correct the proceedings or decision of the magistrate court if it finds irregularities or illegalities.

Chikanda’s testimony that he received a tip-off from an anonymous informer that led to the arrest of the three accused persons were rebuffed in court.

Detective assistant, Inspector Isiah Chikanda who is stationed at CID Homicide in Harare.

The detective failed to link all the three accused persons to the robbery.

Isiah Chikanda, gave evidence saying a ‘nameless’ person informed him about the robbery that linked the accused persons to the robbery.

According to the State’s case, the three accused persons where linked to the robbery that allegedly occured at Paza Buster.

Chikanda who was described as a ‘mercenary’ by the defence was at pains to answer questions from the defence lawyers.

Chikanda agreed that nothing linked the three to the alleged robbery despite shockingly charging the accused persons with robbery charges.

He said nothing was recovered during the investigations.

The case does not have any exhibits. The mutton cloths and handcuffs used to allegedly tie guards at Paza Buster went missing.

Chikanda did not bother to investigate the alibis provided by all the accused persons.

Bhekimpilo Ncube was at church when the alleged robbery occured while Andrew Chenjerai was at his home in Harare but the investigating Officer, Chikanda did not investigate the alibis.

Chikanda did not see any material from the alleged robbery that was listed as grinders, nylon rope, mutton cloth and spanners used in the robbery.

He alleged the exhibits were stolen in the custody of an unnamed police officer when he was on his way from Mbare police station to Braeside police station. Chikanda said the unnamed officer has since retired from the force.

The freeing of Bhekimpilo Ncube and Mehluli Ncube shows the investigating officer, Isiah Chikanda arrested wrong people.

Andrew Chenjerai has denied robbery charges in his defence.

“I deny all the charges in toto. I did not commit any armed robbery on the day in question or commit any crime. I was at my home in Harare after spending the whole day at my plot,” Andrew says in his defence.

“I deny the charges being levelled against me because I cannot steal from my company which I reasonably believe I am a director. The charges are trumped up charges because I have a legal dispute with my brother (Paul) with regards to Paza Buster Commodity Brokers.”

According to the State’s case robbers armed with a firearm broke into Paza Buster car sales office and stole cash US$3500, Mercedes Benz S540 car keys, Mercedes Benz G Wagon car keys and Paza Buster registration documents.