The
State called Leonard Dube, whose evidence was that on the evening of the 25th
day of September 2007, the accused and his friend, Collin Tsikidze, arrived at
his house and invited him to accompany them to town to look for money for beer.
When he enquired where they were going to look for money, Collin Tsikidze told
him that he was a police officer and, as such, he was going to arrest the kombi
drivers who drive without permits.
After
patrolling the City Centre without any arrest, he suggested that they go back
home, but, the accused refused, and suggested that they go behind a place
called Alabama near Khami Bar. During their search for traffic offenders, they
eventually found the deceased parked..., near Pine Brothers Supermarket at 8th
Avenue/R. Mugabe Way. Collin Tsikidze informed the deceased that he was under
arrest and ordered him to go to the police station.
The
deceased complied.
But
the deceased was directed to drive to a different direction altogether. Along
the way, he asked where they were going, but, the accused rebuked him, saying: “keep
quiet.” A few minutes after that, the accused shouted to Collin Tsikidze the
following words: “Lister, finish off this person so that we can go.” He also
stated that he asked why he was giving such orders, and the accused responded: “shut
up, keep your mouth closed.”
At
that juncture, Collin Tsikidze produced a pistol.
Upon
realizing this, he opened the door and ran away and eventually found his way
home after a Good Samaritan had given him bus fare.
The
following day, the accused, and Collin Tsikidze, arrived and gave him R200=,
and were now driving the deceased's motor vehicle.
The
accused gave evidence.
He
stated that he is a former policeman and he knew Collin Tsikidze, who was still
at large, as a policeman. On the 26th of September 2007, he met
Collin Tsikidze at Pumula, and suggested that they should go to town, and he
agreed. On their way, they invited Leonard Dube to accompany them. When they
arrived in the city, they walked around until they came across the deceased,
who had parked his car near Pine Brothers Supermarket. Collin Tsikidze advised
the deceased that he was under arrest for wrong parking, and they ordered him
to drive to the Central Police Station. However, Collin Tsikidze diverted him
from the route to the Central Police Station to a wrong direction. It is his
further evidence that the deceased stopped his car and queried the direction he
was now being asked to take.
At
that juncture, Collin Tsikidze produced a pistol and he shot the deceased on
the head once – and he died. It is also his further evidence that Collin
Tsikidze then placed the deceased on the front passenger seat, and he took
charge of the motor vehicle. They drove towards Nyamandlovu where they dumped
the deceased. Collin Tsikidze searched the deceased and recovered R700= from which
he was given R200=. They then drove back to Bulawayo.
On
the 3rd of December 2007, he was in the city when he met Collin
Tsikidze. They discussed certain issues which are not relevant to the case, but
one important issue is that the accused ended up in possession of..., the
pistol, and was later arrested still in possession of the said pistol.
Collin
Tsikidze is still at large.
In
order to determine the guilt, or otherwise, of the accused, it is pertinent to
examine his role in the commission of this crime. The accused was in the
company of Collin Tsikidze, and they were looking for money. He is a former
policeman. Throughout the night, they were looking for money through illegal
means as he was no longer in the force, and Collin Tsikidze was not on duty. He
knew that Collin Tsikidze was armed with a pistol. They, together, made an
illegal arrest of the deceased.
The
accused did notice that Collin Tsikidze had diverted the deceased away from the
police station route, but did not dissuade him from doing so. When Leonard Dube
asked him where they were going, he rebuked him, telling him to shut up. When Collin
Tsikidze produced a pistol, he did not stop him. He knew that the pistol is a
lethal weapon and how dangerous it is. The accused, as a policeman, was trained
in handling firearms. He, nonetheless, did not stop his accomplice from using it.
He remained in the car after the deceased had been shot in cold blood. He accompanied
Collin Tsikidze when he drove out of the City Centre, and, in his own words,
assisted Collin Tsikidze to dump the body of the deceased along the road,
during the night. He also participated in sharing the loot. He accompanied Collin
Tsikidze back home. He was also a signatory to the written loan agreement when
they borrowed the money from Kenneth Matanhire, and gave the deceased's motor
vehicle as security.
As
if this was not enough, upon his arrest on the 3rd of December 2007,
he was found in possession of the same CZ pistol..., which was used in the
murder.
All
these factors are a clear testimony of the accused's active participation in
the commission of this offence. All these chain of events leave indelible
fingerprints and signature of the accused.
We
find that the accused fully participated in the commission of this crime.
The
accused knew that Collin Tsikidze was armed before the shooting. He did not
dissociate himself, like one Leonard Dube. He also continued to be part and
parcel of what was going on.
We
reject the accused's version of events.
We, accordingly, find that the State has proved
its case beyond a reasonable doubt. The accused is found guilty of murder with
actual intent.
