Miscarriage Of Justice: Supreme Court Frees Cop And Brother After Four Years In Jail For For Crime They Did Not Commit

Two Brothers Released After Serving 4 Years In Jail For Crime They Did Not Commit

Two brothers who were jailed for four years over a stock theft conviction have been freed after the Supreme Court ruled they were wrongly convicted, bringing a dramatic end to a case that began in November 2020 and saw one of them lose years of his policing career.

According to the H-Metro, Chrispen and Taurai Sanyatwe were convicted in September 2021 after being accused of stealing two oxen in Tikwiri Village, Rusape. They were sentenced to 10 years in prison, with one year suspended on condition of good behaviour.

The conviction followed a complaint made on November 14, 2020, by Diana Murombe, who reported that her two oxen had gone missing. The brothers were subsequently arrested and prosecuted.

Supreme Court Hears Fresh Evidence

The matter took a dramatic turn when the oxen were later discovered in Mutambira Village under Chief Tandi. In a sworn affidavit, Murombe confirmed the cattle had been recovered and were back in her possession.

Appearing before Justices Antonio Guvava, Nicholas Mathonsi and Hlekani Mwayera at the Supreme Court of Zimbabwe, defence lawyer Pepukai Mabundu challenged the original conviction.

She submitted:

“The report made by the complainant against the appellants was clearly false. In light of this new evidence, the conviction was improper and should be set aside.”

Court papers showed that during the trial, Murombe had described the missing oxen as “one with white patches and the other grey in colour.” However, the animals later recovered did not match that description.

Mabundu further argued:

“The issue of ownership of the two oxen was a critical matter which the State failed to prove. This failure was fatal to the prosecution’s case.”

State Concedes Conviction Not Safe

Representing the National Prosecution Authority of Zimbabwe, Tozivepi Mapfuwa conceded during the hearing that the conviction could not stand.

Justice Mathonsi asked:

“Could any reasonable court have convicted the brothers based on the complainant’s credibility and the new evidence?”

Mapfuwa responded:

“In the circumstances of this case, the State will concede that it was not safe to convict, and the accused should be given the benefit of the doubt and be acquitted.”

The court ruled by consent:

“After reading documents filed of record and hearing counsel, it is ordered that the appeal be allowed. The accused persons are found not guilty and acquitted.”

Four Years Lost

One of the brothers, Chrispen, was a police officer stationed at Rusape Rural Police Station at the time of his arrest. Court proceedings revealed that he had even assisted in clearing the cattle before they were taken to Surrey Abattoir.

Despite maintaining throughout that they had bought the oxen from Ms Maria Kadengu and a man known as Mupositori, those individuals were never called to testify during the trial.

Their appeal to the High Court had earlier failed, prolonging their imprisonment until the Supreme Court decision delivered in 2026.

The ruling brings to a close a legal battle that spanned more than five years from the date of the initial report in November 2020 to their eventual acquittal.