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Luthando Mapepa Chipinge Correspondent
Nyanga North legislator Cde Hubert Nyanhongo and three others, who were arrested in April for allegedly possessing a pangolin which they tried to sell at Birchenough Bridge Business Centre, were yesterday acquitted after the State failed to prove any case against them. Cde Nyanhongo and his co-accused — who included his driver Mr Samuel Samson (42), Mr Misheck Satuku (47) and Mr Positive Mutenda (29) — had pleaded not guilty when they appeared before senior Chipinge magistrate, Mr Noah Gwatidzo.

They were facing charges of contravening Section 45(1) of the Parks and Wildlife Act.

In acquitting them, Mr Gwatidzo said the State had failed to prove any case against them beyond any reasonable doubt as required by the law.

He said: “The accused people are entitled to an acquittal. First, the State alleged that the accused persons were in possession of a live pangolin and can be produced in court as exhibit.

“However, during the course of the trial, there was no evidence to prove the existence of the live pangolin. The State witnesses tempered around with exhibits and evidence, instead of simply complying with the law for the upkeep of exhibits.

“The exhibits were necessary and were supposed to be kept at the Clerk of Court as required by the law.”

Mr Gwatidzo added: “The State cannot now wish the court to simply condone such glaring shortcomings and accept that there was a live pangolin. The State failed to establish an essential element of the charge — that is existence of a live pangolin and possession.”

Mr Gwatidzo said Cde Nyanhongo and his co-accused gave a plausible defence, which was unassailable.

“The accused gave a clear account of what had happened,” he said.

“They explained how they gave Kapenga — a Mozambican national, a lift with his bag. They also explained how Kapenga ran away, leaving his cellphone and the bag in the car.

“They denied all the facts contained in the State outline and the evidence of State witnesses. They explained how they were even willing to take the police to Mozambique to look for Kapenga, but were never allowed to do so.

“The State was thoroughly wrong to assume that all it had to do was to lay unfounded allegations and then leave it upon the accused to refute its allegations. It wrongly interpreted Section 97(13) and 97(8) of the Parks and Wildlife Act, on the burden of proof.

“There is, and there was, no pangolin as an exhibit before the court. Consequently, due to the failure by the State to prove its case against the accused persons, it is only competent and reasonable that this honourable

court makes a finding that the accused are found not guilty and acquitted.”

Allegations were that on April 1, around 4.45pm at Birchenough Business Centre, Samuel Gona, a ranger with the Department of National Parks and Wildlife Management Authority received a call from Mr Samson telling him that he was selling a pangolin.

They agreed to meet at Birchenough Bridge Business Centre.

Gona alerted a member of the Department of National Parks and Wildlife Authority who hatched a plan to arrest the accused person.

Upon arrival at Birchenough Bridge, the four, who were driving a Jeep Cherokee, Registration Number AEC4769 picked up Gona and drove away from the business centre.

The informant, who posed as a buyer, negotiated the price where he agreed to buy the pangolin for $5 000.

They then drove to the business centre intending to collect the money.

The informant then led them to the place where the parks and wildlife rangers were waiting.

Cde Nyanhongo and his co-accused were arrested and a search was conducted where a live pangolin was recovered on the back seat of the vehicle in a sack.

The quartet was represented by Mr Langton Mhungu of Matutu, Kwirira Associates Law Firm, while Mr Last Goredema prosecuted.