Soldiers denied bail

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By GETRUDE GUMEDE

Published: November 5, 2009

ZIMBABWE – GWANDA – Gwanda resident magistrate Douglas Zvenyika yesterday dismissed an application for bail pending trial by three soldiers who were involved in a shooting incident that left a policeman in Plumtree injured.

The magistrate dismissed the application on the grounds that they would abscond.

Victor Mugo, Tapiwa Chigiji and Trust Matenda , all based at 1:3 Battalion in Plumtree, have been given 19 November as their trial date at the Gwanda regional courts.

They have not been formally charged with attempted murder and discharging a firearm in a public place.

In his ruling, Zvenyika noted that there was likelihood that they would be convicted and that the only suitable sentence they would get is a custodial one, which is enough incentive for them to abscond.

It is the court’s fear that once they are released and they go back into the barracks it would be difficult to get them out to come and stand trial.

The magistrate also said the trio has not fully cooperated with the police since it is a group which went to the stadium and only three have been arrested.

The trio through their lawyer, Mehluli Dube of Cheda and Partners, on Monday got a consent from the Attorney General’s Office allowing the lower court to entertain the trio’s bail application.

It was their submission that they are of fixed abode and that there is no fear of them absconding and not standing trial if granted bail pending trial.

Dube told the court that while it is suspected that they wrote a letter threatening Plumtree resident magistrate, Mark Dzira, they could not be said to be behind that since they had already been remanded in custody when the letter to Dzira was written.

The area public prosecutor for Matabeleland South, Blessing Gundani, opposed the application stating that there was a likelihood that they would abscond given the seriousness of the charges they are facing and the sentence they are likely to get if convicted.

The court heard that the incident happened on 11 October at Dingumuzi Stadium.

Mugo, who holds the rank of lieutenant, teamed up with 14 members of the army clad in uniform and armed themselves with AK-47 rifles.

The court heard that the soldiers proceeded to Dingumuzi Stadium where there was a soccer match between a police football team and Border Kings, a team made up of touts who operate at the border post.

When the soldiers arrived at the stadium the referee had just ended the match and at the command of the lieutenant, they started cocking their rifles.

The soldiers were allegedly shouting demanding to see Ashley Muzari, a player from Border Kings.

When Muzari realised that the soldiers were after him he went to seek protection from the police.

The police tried to stop the soldiers from taking away Muzari and at that point Mugo allegedly ordered the soldiers to fire.

Two shots were fired in the air and the other bullet hit Constable Matongo in the arm.-The Zimbabwe Telegraph