By Mashudu Netsianda
BULAWAYO businessman Oricious Moyo, who allegedly shot his lover’s husband resulting in his death, has approached the High Court seeking relaxation of his bail conditions.
Moyo allegedly shot and injured Tawanda “MaPecca” Moyo, a former member of Siyaya Arts Group, who later succumbed to the gunshot wounds in hospital.
He was initially charged with attempted murder and now is facing murder charges after Tawanda died last September.
Moyo, who is out of custody on $2 000 bail granted by the Supreme Court, through his lawyer, Mr Robert Ndlovu of R Ndlovu and Company, filed a chamber application at the Bulawayo High Court yesterday seeking variation of bail conditions.
In his founding affidavit, Moyo wants an order for the removal of the condition requiring him to surrender his passport, arguing that he is a businessman whose business requires him to undertake routine cross border transportation.
“The present application relates to clause 2.2 of the court order requiring me to surrender my passport to the Registrar of the High Court, Bulawayo. This application is made in terms of Rule 5 of this court’s bail rules as read with section 116 of the Criminal Procedure and Evidence Act.
“I am seeking to have the court order varied by the removal of that condition on the basis that I am a businessman who runs fast foods outlets and supermarkets in Bulawayo and I undertake cross border transportation,” he said.
Moyo said the business necessitates cross border travelling to monitor as well as secure stock.
“The requirement for cross border travelling is critical in the business to such an extent that failure to undertake such periodic travels has dire effects on the business.
“It is necessary that I make periodic cross border trips to secure clients and business deals since the base of the operations is in Johannesburg,” he said.
Moyo further contended that if granted the order he would not abscond.
“I have no intentions of fleeing the jurisdiction after being given the passport. Even after my release on bail, I have remained within the jurisdiction and I have strictly adhered to the bail conditions set out in the court order.
“I am also a married man who has a family in Zimbabwe and I have an obligation to support them and I submit that the variation will not prejudice the interests of the administration of justice,” he said.
According to the bail conditions, Moyo was ordered to surrender his passport and reside at his residence in Emganwini suburb in Bulawayo until the finalisation of the matter. He was also ordered not to interfere with witnesses or investigations.
The State, which was cited as the respondent, has not yet responded to Moyo’s application.
The court heard that on July 25 at around 10PM, Oricious parked his motor vehicle at his residence waiting for the gate to be opened.
He was in the company of Tawanda’s wife, Jacqueline Moyo, with whom he was allegedly having an extra-marital affair. Jacqueline is also an employee at Fish and Chicken City owned by Oricious.
While still parked at the gate, the now deceased confronted the pair and enquired about their relationship, the court heard.
At that moment Oricious started his car in an attempt to flee but Tawanda clung to the front passenger’s door. This prompted Oricious to produce a pistol and allegedly shot Tawanda once on the right side of the ribcage. Tawanda fell to the ground and the two who were still in the car sped off.
Oricious later reported the incident to the police accusing Tawanda of trying to rob him. Police attended the scene and summoned an ambulance which rushed Tawanda to Mpilo Central Hospital.
On August 28, an operation was conducted on Tawanda who still had a bullet lodged in his body near the spinal cord.
After the operation, Tawanda’s condition deteriorated and he was transferred to the Intensive Care Unit where he died the following day. Tawanda’s post-mortem report shows that he died due to septic shock, septic laceration, gunshot wounds and assault. The Chronicle