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A man who was jailed for 10 years for allegedly participating in the US$2.7 million ZB Bank highway cash heist in 2021 has been acquitted by the High Court on appeal, <a href="https://www.zimlive.com/high-court-quashes-conviction-of-man-jailed-over-us2-7-million-zb-bank-robbery/">reported ZimLive</a>.
Tendai Zuze, who was convicted and sentenced in September 2023 along with Never Mwamuka and ZB Bank employee Shadreck Njowa—described as the mastermind of the heist—has been cleared of all charges.
The robbery, which involved intercepting a ZB Bank cash-in-transit van near Nyabira on the Harare-Chinhoyi highway, was the largest cash heist in Zimbabwe’s history at the time.
The High Court judges who heard Zuze’s appeal found that the prosecution failed to produce evidence linking him to the crime, leading to his acquittal.
The judges, Happias Zhou and Benjamin Chikowero, stated that the prosecution’s theory merely “raised eyebrows,” but “suspicion is not evidence.”
During Zuze’s trial, it was revealed that he was found with US$35,000 in cash at the time of his arrest and that he purchased a Honda Fit vehicle two days after the robbery.
It was also established that Zuze drove his wife’s car through the Nyabira tollgate shortly before the robbery, and mobile phone records placed him near Nyabira at the time of the crime.
However, the judges noted that ZB Bank did not record the serial numbers of the banknotes before dispatching its crew to deliver the cash to various branches, which weakened the prosecution’s case. The judges ruled:
<blockquote>
It thus was common cause that ZB Bank, through the first state witness (John Chiwawa), could not identify the huge sums of money recovered from Zuze and his then co-accused as being part of the money stolen from ZB Bank.
It also was common cause both at the trial and before us that there was no direct evidence linking Zuze to the commission of the offence.
The court convicted him after inferring that he was involved in the commission of the offence. That inference was drawn from what the trial court viewed as circumstantial evidence. In reality it was not.
</blockquote>
Trial magistrate Clever Tsikwa based his verdict on circumstantial evidence, which included the recovery of US$35,000 from Zuze upon his arrest, his purchase of a Honda Fit vehicle two days after the robbery, and Zuze driving past the Nyabira tollgate in his wife’s silver Toyota Lexus around the same time as the ZB Bank cash-in-transit vehicle shortly before the robbery.
Also, an Econet call log indicated that Zuze’s mobile phone was in the Nyabira area at the time of the robbery.
Zuze argued that of the US$35,000 found on him, US$10,000 belonged to his wife as Stokvel money, and the remainder was his earnings from small-scale mining activities. The High Court judges ruled:
<blockquote>
This explanation was not controverted. In any event, since the money stolen from the complainant did not have its serial numbers recorded, nobody testified that the US$35,000 recovered from the appellant was part of the complainant’s money stolen during the commission of the offence of robbery.
At its highest, even taken together with the other circumstances listed in this judgement, the fact that the appellant purchased a Honda Fit vehicle two days after the commission of the offence may have raised eyebrows.
But suspicion is not evidence. We have said the state did not, a quo, controvert the appellant’s explanation that he was a small-scale miner given to obtaining and spending huge sums of money. The trial court did not find that he was not a small-scale miner…
</blockquote>
Justices Zhou and Chikowero said this misdirection resulted in a gross miscarriage of justice. They said:
<blockquote>
The court ignored direct exculpatory evidence in favour of the appellant preferring to found the conviction on circumstances which came nowhere near justifying the inference that the appellant was involved in the commission of the robbery.
It was not for the appellant to prove that he was innocent. The onus remained on the state to prove that the appellant participated in the robbery and how he so participated. Instead of proving the appellant’s guilt beyond reasonable doubt, the state did the exact opposite.
We cannot conclude this judgement without saying this: The trial court grossly erred in predicating the appellant’s conviction on colourless circumstantial evidence while at the same time ignoring direct evidence, produced by the prosecution itself, which clearly exonerated the appellant.
In the result, it is ordered that the appeal is allowed. The conviction is quashed and the sentence set aside… Accused 2 (Zuze) is found not guilty and is acquitted.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

A man was accused of stealing money from a bank and was in jail for 10 years. But the High Court said there wasn't enough proof, so he is now free and innocent. The robbery was big and happened on the highway. The man had money when he was caught, bought a car, and was near the crime at the time. But the judges said this wasn't enough. No one could say for sure if the money found was from the bank. The man said he got the money from mining. The judges said it was wrong to keep him in jail because there wasn't enough evidence. So now he can go home.

Man Acquitted On Appeal After 10-Year-Sentence For Alleged Role In US$2.7 Million ZB Bank Heist

Four men who were acquitted in the ZB Bank US$2.7 million cash heist case were arraigned before Harare magistrate Marehwanazvo Gofa on Friday facing money laundering charges, reported <a href="https://www.newsday.co.zw/local-news/article/200018373/zb-bank-us2-7m-heist-suspects-charged-with-money-laundering">NewsDay</a>.
The four suspects namely Tozivepi Chirara, Tatenda Gadzikwa, Dennis Madondo and Trymore Chapfika were acquitted by the court recently but the other three accused were convicted.
On 05 January 2021, cash amounting to US$2 775 000 was stolen from a ZB bank crew which was transporting the cash from Harare to Chinhoyi.
Prosecutors alleged that during the period extending from 05 to 11 January 2021, following the ZB Bank heist, Chirara acquired a Subaru Forester vehicle and upon his arrest on January 11, he had in his possession cash amounting to US$77 800.
Chirara allegedly failed to give a satisfactory explanation as to where he acquired the cash.
The court heard that Chirara was not formally employed and had no other business to justify the huge amount of money found in his possession.
Chapfika who stays in Mbare was allegedly found with US$39 000 and he was not gainfully employed, while Madondo had US$71 500 in his possession.
According to the State, when Gadzikwa was arrested, he had US$81 800 in his possession.
The four men will be back in court on Monday.
Shadreck Njowa, Tendai Zuze and Neverson Mwamuka were found guilty of having stolen the US$2.7 million cash from ZB Bank and are now serving an effective eight-year jail term each.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Four Suspects Acquitted In ZB Bank US$2. 7 Million Heist Case Charged With Money Laundering

A lone suspected armed robber who pounced on the ZB Bank branch in Victoria Falls on Wednesday afternoon entered the banking hall a few minutes before closing time.
The suspect was wearing a hat and mask and allegedly waited for other clients to leave before pointing a gun at staff.
He pretended to be seeking to apply for a loan from the bank.
The acting spokesperson for the ZRP in Matabeleland North Province, Assistant Inspector Christopher Mahohoma confirmed the armed robbery. He said:
<blockquote>
On 30 November 2022 at 1630 hours, a report of armed robbery was received at ZRP Victoria Falls to the effect that an unknown male adult who was armed with a pistol robbed ZB Bank, Victoria Falls branch of US$12 000.
</blockquote>
Police said the suspect was dressed in a black and white T-shirt, grey trousers, a black hat, and a black mask.
He entered the banking hall disguised as a genuine customer and approached Caroline Dube, a bank teller, and enquired about the requirements for one to apply for a loan. Said Asst Insp Mahohoma:
<blockquote>
The accused person who was the last customer in the bank moved towards the exit door around 15:55 hours and Mr Lasho Ndlovu, a security guard from Peace Security Company was following behind him so that he could close the door after his exit since the bank was closing for the day.
Suddenly, the accused person turned back and pointed a firearm at Mr Ndlovu before ordering everyone to remain still.
</blockquote>
The suspect allegedly ordered two bank tellers Scholastic Mazinyani and Siphiweyinkosi Mpofu to surrender all the cash in their tills.
The two surrendered the cash and the accused person packed it in a satchel.
He then demanded keys to the back exit door from the branch supervisor Tinashe Shayamano.
The suspect then walked out of the bank through the exit door and walked westwards and started to run.
Police attended the scene after a report was made. | <a href="https://www.herald.co.zw/vic-falls-lone-robber-the-details/">The Herald</a>

ZB Bank Lone Armed Robber... New Details Emerge

Police said that the lone armed robber who pounced on a ZB Bank branch in Victoria Falls late on Wednesday afternoon fled the scene through the back exit.
The suspect had posed as a genuine customer and inquired about the requirements to apply for a bank loan from bank staff.
In a statement, ZRP said that as the bank was about to close for the day, the suspect remained behind while other customers were leaving.
He made sure that all the other customers had left before brandishing an unknown pistol and robbing the bank of US$12 000. Police said:
<blockquote>
The ZRP confirms that a robbery case occurred at ZB Bank, Victoria Falls, on 30/11/22 at around 1555 hours where an unknown suspect, armed with an unidentified pistol, posed as a genuine customer who wanted to enquire on the requirements to apply for a bank loan.
As the bank was about to close for the day, the suspect remained behind while other customers were leaving. After all the other customers had left, he produced a pistol and ordered the bank tellers to surrender cash in their tills.
The suspect stole US$12 000 before fleeing through the back exit door. Investigations are underway to account for the suspect.
</blockquote>
In January last year, a cash-in-transit ZB Bank vehicle was robbed of US$2.7 million and $43 000 at Gwebi River Bridge along the Harare-Chirundu Road.
The robbery was believed to have been an inside job where three security personnel in the vehicle allegedly connived with robbers.

Victoria Falls ZB Bank Robber Left Through Back Exit - Police

The Zimbabwe Republic Police has said a ZB bank branch in Victoria Falls was on Wednesday robbed of US$12 000, and not US$100 000 as has been claimed.
ZRP national spokesperson Assistant Commissioner Paul Nyathi confirmed the robbery saying the details about the incident are still sketchy as police are conducting investigations. He said:
<blockquote>
I can confirm that an armed robber raided ZB bank yesterday (Wednesday) afternoon and got away with US$12 000.
This is contrary to the social media reports that are saying US$100 000 which is not true.
I do not have much detail on the matter but investigations are underway.
</blockquote>
Reports indicate that the suspect remained in the bank purportedly filling in bank slips before producing a gun and robbing the bank after other customers had left.
Pictures of the suspected armed robber were caught on CCTV and have since been circulating on social media platforms. | <a href="https://www.sundaynews.co.zw/victoria-falls-armed-robber-gets-away-with-us12k/?_ga=2.96130140.1711653035.1669867527-1476354146.1643948410">The Sunday News</a>

Police Say US$12 000 Was Stolen From Bank, Not US$100 000

ZB Bank Armed Robbery Latest News

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