BULAWAYO – The High Court has dismissed a bid by a man accused of stealing trust cattle to avoid trial, ruling that the State has produced sufficient evidence to place him on his defence.
Justice Kabasa, sitting in Bulawayo, threw out an application by Patrick Dube, who is facing charges of theft of trust property after allegedly failing to account for 64 head of cattle entrusted to him between November 2017 and December 2018 at Richardson Farm, Umguza.
The trial magistrate had earlier found that the State had established a prima facie case, but Dube sought to overturn that ruling, arguing that “no evidence” linked him to theft.
Justice Kabasa disagreed, noting that the complainant’s cattle had been left in Dube’s custody, a fact that was not in dispute.
“The issue is whether he accounted for them when the complainant called on him to do so,” the judge said.
The court pointed to testimony from several prison officers who said they bought cattle from Dube, some of which bore ear tags matching those described by the complainant. Investigators also recovered 10 cattle directly linked to the missing herd.
“The failure to record cattle sold, the cattle with ear tags sold to the prison officer, and the concealment of Form 397 amounts to evidence requiring a reply,” Justice Kabasa ruled.
Dube’s lawyer had argued that forcing him onto his defence was tantamount to “asking him to bolster the State’s case,” insisting he could not be accused of stealing “non-existent property.”
But the judge stressed the limited threshold at this stage of proceedings.
“At this stage, the issue is not whether the State has proved its case beyond reasonable doubt. The simple question is whether there is evidence against the accused which requires a reply. There is,” Kabasa said.
Finding that the magistrate’s ruling was neither irrational nor outrageous, the High Court upheld the decision.
Dube will now be required to answer the allegations when he returns to the magistrates’ court for his defence case.
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