Madiro acquitted of stealing Mugabe cattle

Staff Reporter

MUTARE – The stock-theft case that Didymus Mutasa had built as the platform to purge his nemesis Mike Madiro and his deputy Dorothy Mabika from the helm of Zanu PF in Manicaland has crushed flat in his face.

This after a Mutare magistrate Mrs Lucie-Anne Mungwari, today acquitted and rubbished the charges as being of a disciplinary nature.

Madiro and Mabika were facing at least 10 years in jail on charges of stealing 10 beasts meant for President Mugabe’s birthday.

Charges against Madiro set Mutasa and Justice Minister Patrick Chinamasa on a collision course. Chinamasa accused Mutasa of persecuting Madiro and pushing for his ouster in preference for a brittle replacement who will support his bid for the vice presidency.

Chinamasa argued that the matter must be withdrawn because it was limping and likely to embarrass Zanu PF.

Mrs Mungwari said the 10 beast were declared to the provincial executive and those who testified in court confirmed knowledge of the animals.

Mrs Mungwari said it was absurd for the state witnesses to confirm that the remaining seven cattle were still at the seller John Chirimambowa’s farm in Middle Sabi and simultaneously allege that they have been stolen by Madiro and Mabika.

Mrs Mungwari said, it was difficult for the witnesses to explain how this amounted to stock theft if the cattle were at Chirimbabowa’s farm.

“It is clear from the above that the State had a neatly made out case with witnesses corroborating each other. The only problem was with the direction the corroboration took, and whether this served any purpose enhancing the stock theft that the two accused persons are facing,” said the magistrate.

She added that the pair instructed the cattle be kept at the seller’s farm since there was no party farm to which the beasts could have been taken to.

She said accounts by State witnesses failed to establish that the two wanted to permanently deprive the party of the 10 beasts. Mrs Mungwari said neither Madiro nor Mabika ever took possession of the cattle.

“In fact the accused never even saw the cattle and to date cannot even identify the cattle in question. After the purchase the cattle remained with the seller. The issue of not accounting for the cattle to the 21st February Movement or the national youth league at this juncture is immaterial as that is not the charge the accused persons are facing,” said Mrs Mungwari.

The magistrate noted that the fact that the two instructed that three, of the 10 bovines, be slaughtered for a Zanu PF function belies the fact that there was any intention on part of the accused to permanently deprive Zanu PF of its cattle.

“Intention or mens rea and the act or actus reus are two very important components in fulfilling a charge of this nature, components which are glaringly absent from the evident led by the State and which allow the State case to gently fall flat in its face.

“The evidence at hand failed to substantiate the charge of stock theft of the 10 beast being levelled against the accused persons,” said Mrs Mungwari, adding that the party must proffer disciplinary charges against the two as it is void of any criminal connotations.

By failing to declare the beasts to the national youth league, which was organising President Mugabe’s birthday, the pair might have offended proper reporting and accounting channels.

“The evidence does not establish a prima facie case as required by the law and as such the court is duty bound to discharge the accused persons at the close of the State case and return a verdict of not guilty,” said Mrs Mungwari.

In a post-acquittal interview, Madiro maintained his innocence.

“I have never stolen anything, and will never still from anyone. I feel great and vindicated. I have been a victim of such machinations by those who hate me, for decades. I do not know why they target me, especially when there are elections.

“I want to believe probably some people do not want me to contest and hold public office,” said Madiro adding that his persecutors will lose the next elections.

“I fear God, and my God is going to punish them.”

Madiro confirmed having submitted his CV to stand in Mutare North.

However, Mutasa at the weekend vowed to unilaterally block the move, saying fielding “corrupt cadres” were calamitous for the party.

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