MARTIN MAWAYA
GWERU-Judgement in the matter of three former AC Mine employees accused of two counts of chrome ore theft worth US$14 891.09, has been set for May 31, by Gweru Provincial Magistrate Tendai Killian Mahwe.
The three, Joseph Ndemera (70) who was employed as the assistant manager, a front-end-loader operator Tapiwa Gwanyanya (29) and the mine manager, Lenard Tapangana (37).
They all pleaded not guilty to the charges.
The trio through their defense lawyers, Albert Mhaka of Mhaka and Attorneys and Esau Mandipa of Mutatu and Mandipa Legal Practitioners closed their defense case today and will file written submission on the 29th of May 2023 the same day with the prosecution.
Prosecutor Fredrick Matsheza told the court that on the 15th of December 2022, the three hatched a plan to steal chrome ore at the mine.
“Acting in connivance, Ndemera liaised with Afrochine’s employee Joseph Paradza and acquired transport to ferry the chrome ore from AC Mine site to Afrochine and two trucks number A20 and A07 were dispatched from Afrochine to the accused persons.
“Ndemera directed the trucks to AC Mine where they were loaded with the chrome ore by Gwanyanya using AC Mine front-end-loader,” said Matsheza.
He further said that Gwanyanya and Ndemera waited for truck number A07 at the mine site to return for another load.
The truck returned and was loaded with chrome ore by Gwanyanya before it drove back to offload the stolen chrome ore at Afrochine company.
Matsheza further told the court that, “acting in connivance and in common purpose Tapangana proceeded to collect the payment of the stolen chrome ore at Afrochine company on December 16, 2022.
“He received cash for two chrome ore truckloads from Afrochine agent Shepherd Magama. The third load was again paid for by an agent from Aron Mapfukidza and the accused persons then shared the cash crime proceeds for their own benefit,” he said.
The total value of the stolen chrome ore was US$7040-74 and nothing was recovered.
On the second count, Ndemera, Gwanyanya and Tapangana used the same ‘modus operandi’ to steal from the company on January 4, 2023.
Prosecutor Matsheza added that the three connived and stole chrome ore at AC Mine, where Gwanyanya proceeded to Afrochine company Lalapanzi and ordered some trucks to ferry chrome from AC Mine to Afrochine using three trucks numbered A07, A15 and A 06.
“Gwanyanya escorted Afrochine truck number A07 from Mukadota tuck shop near Afrochine to AC Mine where he loaded the chrome ore using AC Mine front-end-loader.
“He also loaded truck number A06 with chrome ore and later truck number A15 which he boarded from Mukadota tuck shop Lalapanzi where he disembarked before the truck delivered the stolen chrome ore at Afrochine company,” added Matsheza.
He said the trio used the same strategy where Tapangana proceeded to collect the payment of the stolen chrome ore on January 5, 2023 from Afrochine agents Landeka Investments, Eugenia Kamutseta and Magama.
He was paid cash and the money was handed over to him by Afrochine weighbridge clerk Gresham Zingani.
Again, the three shared the proceeds for their own use, the court heard.
The court heard that the theft was discovered on January 20, 2023 by the mine owner Peter Mhazo who then made a police report leading to the arrest of the three.
Upon their arrest, Gwanyanya led to the recovery of US$670 from the proceeds he received from the second count and the amount was recovered from his place of residence.
For the first offence, photocopies of Afrochine weighbridge records slips serial numbered 002662, 002663 and 002665 were produced as exhibits in court, while serial number 002920, 002921 and 002922 were also tendered in court as exhibits for count two.
The total value of stolen goods from the second count valued US$7850-35 and only US$670 of the total amount was recovered.
During the cross examination by the State, Gwanyanya vehemently denied the charges saying he was “doing his duties and following orders from his superiors to load the trucks with chrome ore”.
He said Tapangana instructed him to mix the chrome so that it will not be known where it came from and added that the money he received was for onwards transmission to two security guards as well as Sikhumbuzo Ngwenya and Tapiwa Sibanda.
