MIRROR REPORTER

HARARE- The National Prosecuting Authority (NPA) is once again found wanting after it took over two months to set a trial date for suspects to appear in court. This is after the Zimbabwe Anti-Corruption Commission (ZACC) arrested Wayne Williams and Regis Maburutse (CRB2222-3/24) of Yagden Engineering Pvt Limited over missing 35 motorbikes valued at US$87 500.
The motorbikes were seized as exhibits by the Zimbabwe Republic Police (ZRP) Criminal Investigations Department (CID) but later disappeared from their custody. Sarpo made a formal complaint with the Police citing the Criminal Procedure and Evidence Act, [9:07] Section 58A (1) which stipulates that the exhibits should be returned to the owner within 21 working days from the date of seizure, but the police allegedly showed no interest in the matter. He was left with no choice but to approach ZACC.
During their initial appearance, Harare Magistrate Dennis Mangosi remanded Williams and Maburutse out of custody to April 4, 2024, after granting them a bail of $100 each pending trial. Since then NPA’s District Public Prosecutor for Harare Tendai Shonhayi has never set a trial date, although ZACC had completed its investigations and submitted the docket to court for prosecution.
The case is regarded as one of the cases that expose corruption in the police and the NPA as there are several such cases which are dragging for years at the police and the courts. This has led many people to lose confidence in both the police and the courts. Sarpo has since raised a complaint with NPA.
Prosecutor General Judge Justice Loice Matanda-Moyo acknowledged receiving the complaint and said she had forawarded it to the relevant department as she was busy with the High Court Circuit.
“I have forwarded the complain to the relevant department as I am busy these days. I will look into the matter next week,” she said.
The bikes were seized by CID Harare Commercial Crimes Division and instead of being kept at the Police Station, they were kept at a Yagden warehouse in Chiredzi after the company’s Loss Control manager Solomon Mateta signed an indemnity form. Williams was claiming he gave Sarpo US$150,000 from the company but he diverted the motorbikes to personal use.
However, Magistrate Ruramai Chitumbura, acquitted Sarpo of the charges in March 2023, and issued a grant order for the motorbikes to be released to Sarpo.
Part of her order, dated May 4, 2023, reads: “RE: Release of exhibits State vs Tony Renato Sarpo CRB HREP4035/17. In respect of the 3rd count the accused was found not guilty and acquitted therefore the 35 unassembled motorbikes are to be returned to the accused person.” When Sarpo went to CCD to ask for assistance to retrieve the exhibits back into his care, they were not there. It is alleged the motorbikes were disposed of during the trial while they were still State exhibits.