By Staff Reporter
Arnold Kwarira and Cain Gamabara who allegedly robbed a Chinese national, Zhang Guanghui, of his US$10 000, 600 grams of gold and jewellery in 2021 have been denied bail by the High Court.
The two appealed earlier this year after languishing in jail for two years, arguing that one of their alleged accomplices had been removed from remand.
High Court judge, Munamato Mutevedzi dismissed the duo’s application ruling that the two were likely to regroup with their alleged accomplices still at large and re-offend.
“Bail law is not a one-size-fits-all all affair.
“There is a huge difference in the procedure adopted when one makes an application for bail in instances where the crime preferred is listed in the third schedule to the Criminal Procedure and Evidence Act [Chapter 9:07] (the Criminal Procedure & Evidence Act) and those relating to all other offences.
“Some of the applicants’ accomplices are still at large. One was removed from remand and the other is on an outstanding warrant of arrest.
“There is every possibility that given their predisposition to violence, they may regroup with those accomplices already out of custody to perpetrate further violence and endanger society.
Mutevedzi said Kwarira’s case is worse.
“He has a long history of brushes with the law. He was in court in 2019 on CRB number 3984/19. At one time he absconded court, “he said before dismissing the bail application.
It is alleged that the two in the company of several others allegedly attacked and robbed the complainant in a criminal enterprise that appeared to have been carefully planned and executed with military precision.
On 2 February 2021 around 1900 hours, Karamba and Gamabara were driving in a silver Mazda Altenza car bearing registration numbers AFB 2234 with their colleagues Gift Moffat, Costa Basiyawo and two others whose names are not mentioned in the papers whom they picked up in Harare city centre.
They went to a Chicken Inn food outlet in Pomona.
There, they parked their car.
All of them except Gift Moffat who was the driver disembarked and proceeded to the complainant’s house.
They were heavily armed.
Two of them carried unidentified pistols and the others had catapults.
When they got to Guanghui’s house the assailants scaled the perimeter fence.
They startled a security guard whom they immediately subdued.
They got inside the house where they manhandled the complainant and five of his colleagues all of whom were of Chinese nationality.
The robbers tied the Chinese’s hands with electrical cables and heavily assaulted them before demanding and confiscating 600 grams of gold, three iPhone cellphones, one Huawei cellphone, one gold chain and cash amounting to USD 10 000.
The police allege in the papers that this incident happened on 2 February 2021.
Gamabara went on the run and was only arrested on 6 November 2023 more than two years later.
He was connected to the robbery through Kwaramba who was also on the run for a significant period and was only arrested on 14 January 2023.
The police therefore opposed their admission to bail on the basis that they were a flight risk and that they were a danger to society.
Further, one of the applicants’ accomplices Brian Mubaiwa was granted bail on the same charges but absconded.