Suspected cattle rustlers nabbed in high speed chase
TWO men who were intercepted while transporting 10 head of cattle suspected to have been stolen from a farm in West Nicholson area to Bulawayo have through their lawyer applied for a release saying they were over detained by the police.
Justine Tlou (25) of Zezani area in Beitbridge and Tsibang Sibanda (33) of Tuli area in Gwanda through their lawyer Mr McAllister Ncube of Mabhikwa and Partners said they were arrested at night on 7 January and were brought to court in the afternoon on 10 January.
In his submissions before Gwanda magistrate Miss Lerato Nyathi last week, Mr Ncube said his clients were intercepted while transporting the cattle and were immediately arrested for stock theft and detained at Guyu Police Base.
“I’m applying for the release of my clients Your Worship as they were over detained by the police at Guyu Police Base.
“According to the constitution of the country if someone is over detained without a warrant of over detention they must be released immediately. My clients were arrested on January 7 around 11pm and they were only brought to court on January 10 after 48 hours had elapsed.
“Even the Form 242 document which the police compiled to request remand for my clients is written that they were intercepted and were arrested after a high speed chase with the police.
“This shows that they were arrested upon being caught. The police could have recorded in their detention book and occurrence register that my clients were arrested on 8 January but they could have merely entered that date to avoid charges of over detention,” he said.
Also speaking in court the investigating officer who is stationed at Guyu Police Base, Assistant Inspector Butho Mazibuko said Tlou and Sibanda were intercepted on 7 January and taken to the police station for verification of the animals they were transporting.
He said the pair was only arrested on the following day after police had discovered that the cattle had been stolen from a farm in West Nicholson area. Asst Insp Mazibuko said just because Tlou and Sibanda had been taken to the police station did not mean they had been arrested hence they were not over detained.
“The general term when someone is brought to the police station is that they have been arrested but in this case they had not been arrested.
“We didn’t arrest them immediately as we hadn’t received a report of stock theft and we hadn’t received information on who the owner of the stolen cattle was. They were brought to the police station for verification and were arrested the following day after investigations had been carried out,” he said.
Tlou and Sibanda appeared before Miss Nyathi facing a stock theft charge. Miss Nyathi remanded them in custody to tomorrow for deliberation on their appeal for release.
Tlou and Sibanda were intercepted in Kafusi area after a high speed chase of about 30 kilometres from Manama area.
They were spotted by community members while transporting the animals along Nhwali- Manama Road who then alerted the police.
Prosecuting, Mr Silent Shoko said on 7 January, Tlou drove 10 head of cattle from Tamba Farm in West Nicholson area to Nhwali area where he met his co-accused Sibanda.
They loaded the animals in a Mercedes Benz truck that was being driven by Wonderful Ncube.
Mr Shoko said investigations by the police had shown that the accused persons had fraudulently acquired clearance forms which contradicted with the movements permit. The stolen cattle are valued at $8 500.
@DubeMatutu