BHUNU
J: The applicant is an ex-policeman
previously attached to the anti-stock theft unit at Marondera. During the period
extending from May to 28 October 2009 he together with three others are alleged
to have stolen forty-eight herd of cattle from the complainant.
He
has since been convicted of stock theft and sentenced to twenty five years
imprisonment.
It
is common cause that the applicant irregularly facilitated the clearance of the
stolen beasts. At a time he was no longer attached to the anti-stock theft unit
and therefore had no business clearing the beasts at all.
Thereafter
he irregularly facilitated the acquisition of the animal movement permits when
it was not his function to do so.
His
conduct in this respect provides a strong nexus between him and the commission
of the offence such that his prospects of success on appeal are pretty deem
indeed.
Although
the sentence is severe it does not seem to induce a sense of shock considering
his moral blameworthiness. Even if the sentence were to be reduced on appeal he
will still be liable to the mandatory minimum sentence of nine years
imprisonment as he appears to have failed to establish the existence of any
special circumstances.
It
is therefore in his interest and that of the due administration of justice that
he should continue to serve his prison term while prosecuting his appeal.
It is accordingly ordered that the
application for bail pending appeal be and is hereby dismissed.
Attorney General's
Office, respondent's legal practitioners
