A Mutare regional court has acquitted three senior police Detectives from Asset Forfeiture Unit CID Headquarters who were accused of digging up a homestead in Nyanyadzi over an undisclosed hidden treasure in 2022 saying they were acting within the confines of the law.
The trio Shephered Tachiona, Mkhululi Nyoni (51) and Monica Madzima who were denying the offence were acquitted by Mutare regional magistrate Fadzai Mthombeni at the close of the State case.
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.
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According to the State the trio accused of not informing relevant departments that include ministry of mines and mining development, Ministry of National housing, ministry of defence and CID Minerals, Flora and Fauna department of police.
The trio who were being represented by Joseph Nemaise, Musindo Hungwe and George Manokore pleaded not guilty to the allegations.
The state led evidence from 5 witnesses and closed its case.
Their main witness police assistant commissioner Themba Mushoriwa’s testimony was discredited under cross-examination and he ended up making concessions which confirmed the Accused’s defences.
Mushoriwa had told court that the accused acted outside their policing area but ended up conceding under cross examination that Tachiwona and Nyoni areas of policing is the whole Zimbabwe while Madzima is Northern Region which covers Mashonaland provinces, Masvingo and Manicaland.
Mushoriwa also concede that the place of scene was under Madzima’s policing area but failed to provide the operating standard procedure prohibiting the Accused persons from operating within the said area.
Despite Mushoriwa having testified that they had not notified him he conceded under oath that the accused persons had performed at law and there was no standard procedure that obligated any of them to first inform him before they could search or seize anything from anyone.
Mushoriwa conceded the accused had lawfully applied for a warrant of search and seizure before searching at the said premise, that the search warrant was alive and extant until set aside by a court of law or executed.
lt was proven that the Accused investigated a crime that fell well within their mandate as officers deployed with the Criminal Investigations Department Asset Forfeiture Unit,
The accused persons were executing a warrant of search issued by a court of law saying there was no need to inform other government departments.
The second state witness Simangaliso Memory Mushaya an Agricultural Extension Officer by the Ministry of lands also confirmed that the police were empowered by a warrant of search and seizure and also confirmed that the premise they searched they had been aware that there was a hidden treasure as her husband once dug the same premise for that treasure.
The third witness, Victor Mukungunugwa, a scientist employed by the Zimbabwe National Geospacial Space Agency was also present 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 with the survey.
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 court that he was invited by the accused persons to assist with the survey.
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 accused asked for his help.
The witness also told court that he did agreed to help for no payment but to help the state.
The accused persons through their lawyers, submitted that the State failed to prove their actions were unlawful.
Magistrate Mthombeni however ruled in favour of the trio saying the state fail to prove a case against the Accused persons.
“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 fo 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 the yard of Mushaya’s homestead without authorization from their superiors or engagement with relevant government experts.
On December 22, the accused officers reportedly arrived at the Nyanyadzi Irrigation Scheme armed with a search and seizure warrant issued on October 18, 2023, by Resident Magistrate Mr Mkwananzi (Franklyn) at Chipinge Magistrates’ Court.
They informed the homeowner, Mushaya, of their intention to dig up her yard in search of the hidden treasure.
