MARTIN MAWAYA
GWERU-The defense lawyer representing local miner Charles Simbi (53), who is charged with stealing gold ore, yesterday grilled a key State witness before Gweru Magistrate Arnold Maburo.
Simbi, who was represented by prominent Gweru lawyer Esau Mandipa, denied the charge.
During cross-examination, Mandipa quizzed Pretty Polly 33 mine manager Amos Chimba over inconsistencies in the statements he gave to the court and the police.
Chimba had two recorded statements, one by the Gweru rural police on October 21, 2023, and another by the flora and fauna police department on October 28 the same year.
In his evidence in-chief, Chimba said Simbi brought two tipper trucks and unlawfully loaded 90 to 100 tonnes of gold ore worth US$70,000.
However, in his first statement to the Gweru rural police, Chimba reported that Simbi brought in a tipper and loaded 20 tonnes valued at US$26,000.
On October 28, Chimba told the Flora and Fauna police unit that Simbi brought his man with a 30-tonne tipper truck and loaded gold ore worth US$78,000.
Mandipa exposed Chimba’s inconsistencies and revealed that the two mining companies had a boundary dispute that led to the police minerals investigations unit seeking the intervention of the provincial mines ministry.
The lawyer further produced a letter written to the Provincial Mining Director by the Flora and Fauna department, seeking help over the boundary conflict between the two miners.
Mandipa also revealed that a mining inspection found that the Pretty Polly 33 Mine had encroached on Block 209 Gold Mine belonging to Simbi by 7.5 meters.
This submission was confirmed by Chimba during intense cross examination.
However, he later denied the encroachment during re-examination by the state, leaving the court with contradictory irreconcilable statements.
Mandipa submitted that Simbi and Nyengeterai Tukwa Tsvangirai had agreed that the complainant “process the ore that remained in their hammer mill while he would process some of the ore left at his hammer mill for the benefit of those who were working.”
He further argued that the statements were fabricated, and that the ore in question was mined from Simbi’s block.
The lawyer contended that the statements were fabricated which is why Chimba could not provide truthful version of events.
The state case alleges that on October 21, 2023, at the Pretty Polly Mine in Guinea Fowl, Gweru, Simbi unlawfully took 90 tonnes of gold ore worth $70,298 belonging to the Pretty Polly 33 Mine, and nothing was recovered.
The case was rolled over to March 7.
