Journalist acquitted of armed robbery charges

Veteran journalist Xolisani Ncube arrested in armed robbery case – Nehanda Radio — **Xolisani Ncube**

Philemon Jambaya

A Harare magistrate court has freed freelance journalist Xolisani Ncube after the state failed to prove its armed robbery charges levelled against him in March last year.

The journalist, who used to work for Newzroom Afrika at the time, was cleared of the armed robbery charges due to lack of evidence after the state’s witnesses all exonerated him.

Regional magistrate Clever Tsikwa acquitted Ncube at the close of the state case saying the state had failed to mount a case against him.

Ncube had applied for discharge at the close of the state case through his lawyers, Admire Rubaya and Malvin Mapako, to which the state prosecutor, Loveit Muringwa, conceded that he had failed to prove a case against him.

“I will not ask why you are not withdrawing the charges after plea. Because all you have said points to that. Essentially, you are letting the court decide on a matter that is clear,” said Tsikwa after the state had conceded that it had no case against Ncube.

“The law is very clear; you have the powers to withdraw the charges at any point after plea when you realize that there is no evidence to support your case,” Tsikwa said forcing Muringwa to respond; “I had not consulted on that aspect but indeed the concession I have made means that the state will not suffer any prejudice if the accused is discharged.”

Ncube was charged along with Joseph Phiri, Clever Mununudzi Nengomasha and Micheal Mudumani Mandoro—but the other three will know their fate next Tuesday.

The journalist was arrested in March last year and charged with armed robbery after police raided his home in pursuit of his cousin brother Nengomasha and in the process, they recovered firearms.

Muringwa had told the court that the state had failed to rebate assertions by the journalist that he was live on Newzroom Afrika on the day and time the alleged robbery was committed, and it was impossible for him to be at two places at the same time.

The prosecution also said the state had failed to prove that Ncube knew the presence of firearms recovered from his house and that no evidence was tabled to prove that he led to the recovery of the same.

The state lined up six witnesses to prove the case against the quartet but all of them exonerated Ncube with the investigating officer, Terence Muunze, saying the journalist was “Just caught at a wrong place at a wrong time”.

A police officer who arrested Ncube and Nengomasha, Artwell Chidziva, told the court that it was his cousin brother who led to the recovery of the firearms that had been hidden behind the house and those that were recovered from the bags inside the guest room.

Allegations were that Ncube, together with his accomplices, went to Neethling’s place of residence and stole various items at gun point including firearms and cash.

The state produced in court a CCTV footage where one of the accused persons was captured. But Ncube does not feature.

In his defence since arrest, Ncube had told the court that the state arrested his cousin, Nengomasha, who had been on the police wanted list for armed robberies.

He also submitted that during the arrest, he did not fire any shots, but co-operated with the police, adding that it was his cousin Nengomasha who led to the recovery of the said guns at his house as he had no knowledge that he had brought them into his house.