Mutare regional magistrate Fadzai Mthombeni has acquitted three senior detectives attached to the CID Asset Forfeiture Unit CID who were accused of digging up the yard of a Nyanyadzi family searching for an undisclosed hidden treasure.
The search was conducted on December 22, 2023 on the strength of a search warrant issued by a Chipinge magistrate on October 18, 2023.
In acquitting them the court noted that they had acted within the confines of the law, and that the State had failed to prove its case.
The trio of Shephered Tachiona, Mkhululi Nyoni and Monica Madzima had denied the charge of criminal abuse of office. They were being represented by Joseph Nemaise of Muzondo Hungwe and George Manokore.
They were being charged with criminal abuse of duty as public officers, as defined in Section 174 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9.23.
The State had alleged that the three abused their power by raiding a private home looking for an undisclosed hidden treasure without informing the Mines ministry, Ministry of National Housing, Ministry of Defence; and ZRP’s Minerals, Flora and Fauna Unit.
The State led evidence from five witnesses who included Assistant Commissioner Themba Mushoriwa whose evidence was discredited under cross-examination. Instead, Mushoriwa ended up making concessions that corroborated the trio’s defence.
Mushoriwa had initially told court that the accused acted outside their policing area but ended up conceding under cross- examination that Tachiwona and Nyoni’s areas of policing covers the whole Zimbabwe while Madzima is in charge of the northern region which covers Mashonaland, Masvingo and provinces.
Mushoriwa also conceded that the alleged crime scene fell under Madzima's policing area.He also admitted that the trio had performed their duties lawfully, and that there was no standard procedure that obligated any of them to first inform him before they could search or seize anything from anyone.
Mushoriwa added that the accused had lawfully applied for a warrant of search and seizure before searching at the said premises, and that the search warrant was alive and extant until set aside by a court of law or executed.
The court heard that the trio investigated a crime that fell well within their mandate as officers deployed by the Criminal Investigations Department Asset Forfeiture Unit.
The defence argued that the accused persons had lawfully executed a warrant of search issued by a court of law, hence there was no need to inform other government departments.
The second State witness Simangaliso Memory Mushaya, an Agricultural Extension Services officer under the Ministry of Lands also confirmed that the police were empowered by a warrant of search and seizure to search for the hidden treasure at the premises.
The third witness, Victor Mukungunugwa, a scientist employed by the Zimbabwe National Geospacial Space Agency said he witnessed the search in his capacity as a scientist employed by the State and that he had been cleared by his own director to assist the accused persons.
He also confirmed the presence of the hidden treasure.
Another State witness, Revesai Zvigodini Matimba a prophet and an individual with the skill to detect hidden mineral through the use of wires told the court that he was invited by the accused persons to assist in the exercise.
He told court that he did meet with the accused persons at ZRP Mkushi Depot, Harare, where he was shown a search warrant after which the trio asked for his help.
The witness also told court that he offered to help for no payment.
The detectives through their lawyers, submitted that the State failed to prove their actions were unlawful.
In her ruling, magistrate Mthombeni said: "Once the court has made a finding to the effect that there is no evidence that the accused committed the offence charged or any other offence arising from that charge, it has no option but to find the accused not guilty and discharge him or her.”
"ln this case there was no evidence led to prove an essential element of the offence. There is no evidence on which a reasonable court acting carefully might properly convict. No evidence was also led to prove a breach of general law," Mthombeni ruled.
According to the prosecution, Tachiona, Nyoni, and Madzima purportedly dug up the yard of Mushaya’s homestead without authorization from their superiors or engagement with relevant government departments.
