A Chinhoyi magistrate has released seven villagers who were arrested for allegedly stealing irrigation pipes on December 27 last year after accusing the police of failing to conduct proper investigations.
Magistrate Kudzanai Mahaso acquitted Farisai Mayidza, Evelyn Memory Charehwa, Emily Mehlo, Tariro Muchengwa, Aaron Zhou, David Kadozora and Chamunorwa Mehlo who, were arrested after being found in possession of aluminum pots.
Mahaso, in acquitting the accused, said the police failed to investigate the allegations that stolen irrigation pipes were used to make the pots.
“The police in this case received a case of theft of irrigation pipes on 27 December 2024 and went on to arrest everyone who had in their possession pots made from aluminum or objects of aluminium on the basis of failure to give a plausible explanation of where they had gotten such products,: he said.
“The police did not investigate properly whether such property was reasonably suspected to have been stolen, especially in connection with the irrigation pipes that were stolen on 27 December 2024.
“Such shoddy and cutthroat methods of investigation had grave consequences for the prosecution case.”
Mahaso said the seven had been arrested for possessing property reasonably suspected of being stolen.
Prosecutors said police went to Cheuchi village after receiving information that the villagers had copper and aluminium products at their homesteads.
- Magistrate raps police over villagers’ arrest
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The police allegedly found the seven in possession of the products and failed to explain how they obtained them.
“The state led evidence from one witness and accordingly closed its case. It is the evidence of this witness that gave a fatal blow to the prosecution case,” Mahaso said.
“If at the close of the case for the prosecution the court considers that there is no evidence that the accused committed the offence charged in the indictment, summons or charge, or any other offence of which he might be convicted thereon, it shall return a verdict of not guilty.
“One of the essential elements for contravening s125 of the code is that there must be reasonable grounds for suspicion that the property was stolen, and the suspicion must be based on facts.
“In this case, there is no evidence of facts or circumstances that would lead to a reasonable suspicion. The evidence of Passmore Manyika exonerates the accused persons from guilt.”
Mahaso said the irrigation pipes that were stolen on December 27 could not have been turned into aluminium pots the following day. He said some of the products seized were acquired long before the irrigation pipes were stolen.
