Once again, the National Prosecuting Authority (NPA) has failed to achieve its objectives after it took over two months to set a trial date for the suspects. This came after the Zimbabwe Anti-Corruption Commission (ZACC) arrested Wayne Williams and Regis Maborotsi (CRB2222-3/24) of Yagden Engineering Pvt Limited for the disappearance of 35 motorcycles worth US$87,500.
The motorcycles were seized as evidence by the Zimbabwe Republic Police (ZRP) Criminal Investigations Department but later disappeared from custody. Sarbo lodged a formal complaint with the police citing the Criminal Procedure and Evidence Act, [9:07] Section 58A(1) which stipulates that the exhibits must be returned to the owner within 21 working days from the date of confiscation, but the police showed no interest in the matter. He was left with no choice but to approach ZACC.
During their initial appearance, Harare Magistrate Dennis Mangosi ordered Williams and Maborotsi to be held in custody until April 4, 2024, after granting them bail of $100 each pending trial. Since then, Harare District Attorney Tendai Shunhai has not set a trial date, even though the MACC has completed its investigations and submitted the file to the court for prosecution.
This case is one of the cases that exposes corruption in the police and the public prosecution, as there are many similar cases that drag on for years in the police and courts. This has led many people to lose confidence in both the police and the courts. Since then, Sarbu has filed a complaint with the public prosecution.
Attorney General Justice Louise Matanda Moyo acknowledged receiving the complaint and said she had handed it over to the relevant department because she was busy at the High Court.
She added, “I have referred the complaint to the relevant department due to my busy schedule these days, and I will look into the matter next week.”
The motorcycles were seized by the Harare Commercial Crimes Division and instead of being kept at the police station, were kept at Yagden warehouse in Chiredzi after Loss Control director Suleiman Mateta signed a compensation form. Williams claimed he had given Sarbo US$150,000 from the company but had diverted the motorcycles for personal use.
However, Judge Roramai Chitumbura acquitted Sarbu of the charges in March 2023, and ordered the motorcycles released in Sarbu’s favour.
Part of her order dated May 4, 2023 reads: “On the issuance of the exhibits against Tony Renato Sarpo CRB HREP4035/17. As regards the third count, he is found not guilty of the third count, and therefore the 35 unassembled motorcycles must be returned to the accused.”
When Sarbo went to CCD to seek help in getting the exhibits back into his care, they were not there. The motorcycles were allegedly disposed of during the trial while they were still state exhibits. Masvingo Mirror
