HIGH COURT OF ZIMBABWE
HARARE, 23 March 2018
E. Samudombe, for the applicant
A. Masamha, for the respondent
NDEWERE J: The allegations are that on 19 February 2018, the applicant and accomplices who are still at large waylaid complainant in Rusape while he was on his way from Chipinge. They trailed him in a Toyota Wish AEI 4416 and blocked him between Harare and Marondera. They robbed him, took over his car and drove to his residence in Belgravia, Harare with the intention to continue the robbery. When they got to Belgravia, they faced resistance from complainant’s armed guards and they fled the scene.
The common cause facts are that applicant was together with the accomplices. The car which was used for transportation of the accomplices a Toyota Wish AEI 4416 is his car. He was present in the car and he heard the discussions between the complainant and the accomplices. He was arrested near the scene of the robbery and indeed, at the time of arrest, his Toyota Wish was still at the robbery scene. The applicant was also identified from the CCTV footage.
The applicant’s accomplices are still at large. The state fears that if applicant is released, he may interfere with investigations or team up with the accomplices and commit similar offences.
The weapons used in the robbery have not yet been recovered and some of the stolen property is yet to be recovered. Applicant may assist in its disposal if released on bail. The state also said the applicant is facing very serious charges where a lengthy custodial sentence is likely