The ManicaPost
Senior Court Reporter
SUSPECTED burglar Nyika Gomana of Rusape was last week set free by a Rusape magistrate at the close of the State case because of lack of evidence linking him to the commission of the offences. Gomana, who was arrested on five counts of illegal entry committed in and around Rusape, was acquitted by Ms Patience-Ururu Madondo after the prosecutor, Mr Tafara Chawatama, failed to adduce evidence linking to the crimes.
Gomana, who was represented by Mr Taura Khupe and Mr Leonard Chigadza, both of Chigadza and Associates Legal Practitioners, was denying the charges.
The lawyers maintained that Gomana never committed the offences.
They challenged the State to produce the evidence, which it failed to do.
Mr Khupe then made an application for discharge at the close of the State’s case which Ms Madondo granted.
Ms Madondo ruled that the State had failed to convince the court by its failure to produce evidence directly linking the accused to the commission of the offence. Gomana was set free last Wednesday. His release has, however, left police seething with anger.
Police had intended to re-arrest him on behalf of their sister stations.
Gomana has pending allegations in connection with similar offences allegedly committed in Nyanga, Mutasa, Mhangura, Kwekwe, Gokwe and Kariba.
“My client was acquitted by a competent court. He was discharged and acquitted at the close of the State case. The State was flogging a dead horse,” said Mr Khupe.
Gomana was said to be the brains behind a gang that included Andrew Kamba (26) — who died at Rusape Remand Prison in January — and Veron Vincent Toriro (31), also of Vengere, notorious for using dynamite to blow up Chubb safes to steal money.
They were accused of targeting hospitals, schools, service stations and post offices, among other institutions.
The fourth suspect, a Mozambican identified as Wallace or Kudzi Chiza, is still at large and police are appealing for information leading to his arrest.
Kamba, of NE 7, Vengere, Rusape, died barely a week in remand. The court also ordered the release of his dark blue Toyota Mark 11 (ACH 8954).
Mr Chawatama had told the court that Gomana was the ringleader of a four-man gang that targeted Nemaire Primary School, Tsindi Secondary School, Rusape General Hospital, St Theresa and Nyakuipa high schools. On September 10, it was alleged Gomana and his gang allegedly descended on Tsindi and blew open the safe before stealing $959.
The gang allegedly proceeded to Nemaire on September 19 and escaped with $514. On December 30, Gomana and crew allegedly pounced on Rusape General Hospital and used the same modus operandi of using dynamite to blow open a Chubb safe. They stole $6 367.
The gang allegedly used a sharp object to open a door into the accounts office and while inside, denoted dynamite to damage the locking system of the Chubb safe. They looted all genuine notes, leaving behind some counterfeits.
This raised suspicion that the gang acted on inside information as there were two safes in the office and the one which contained no money was not tampered with.
Gomana’s gang allegedly hit St Theresa Mission and escaped with a paltry $90 and some certificates on January 13, before proceeding to Nyakuipa High (January 21) where they stole $1 110.
Toriro was arrested barely two hours after the act within the vicinity of Nyakuipa High. He implicated Gomana and the late Kamba. While Gomana allegedly dodged the police, Kamba was found with $680, which he failed to account for.
