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    Sunday, 14 January 2018

    High court quashes Gutu businessman stock theft conviction

    ELLEN MLAMBO

    MVUMA-  Edmore Mutero Nhemachena (36), a prominent Gutu Businessman who was jailed for stock theft has been acquitted by the High Court.
    His appeal against conviction was granted by Masvingo High Court judges, Justice Mawadze and Justice Mafusire.
    Mutero was granted $500 bail by the High court in October last year after he was convicted for nine years by Mvuma magistrate Tayengwa Chibanda.
    Appealing for his acquittal, Mutero's lawyer Charles Ndlovu of Ndlovu and Hwacha Legal Practitioners argued that the Magistrate erred in finding that the recovered two beasts had peculiar marks or features without seeing them and that the two beasts were never produced as exhibits to enable the court to compare the witness' evidence with the real evidence.
    He also argued that the magistrate also erred in accepting peculiar features when it was apparent that the witness never mentioned the said features to the Police before the recovery of the cattle.
    Mutero who comes from Gutu was convicted of stealing seven beasts from a farm near Mvuma belonging to Councilor Thomas Chisadza and Cleophas Dzimba of Central Estates on different occasions.
    One of the suspects in the case, Murere a Police officer was discharged at the close of the State case while Naboth Chaurunga, an accomplice has since been convicted and jailed for 20 years after pleading guilty to the charges.
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