Harare – The Harare Provincial Magistrate, Clever Tsikwa on Monday found businessman, Andrew Chenjerai not guilty of a robbery charge that allegedly took place at Paza Buster Car Sales.
”It is finally ordered that the accused person, Andrew Chenjerai be and hereby found not guilty of robbery,” Tsikwa said in his ruling after a full trial.
”The state has failed to prove its case beyond reasonable doubt.”
Tsikwa said the prosecution which was led by Ephraim Zinyandu relied on circumstantial evidence.
Andrew Chenjerai was represented by top Harare lawyer, Tafadzwa Hungwe of Samukange Hungwe Attorneys.
The charges against Andrew Chenjerai were brought after he had reported his older brother Paul of forgery and fraud.
Andrew Chenjerai accused his older brother of illegally removing him as a shareholder in their Paza Buster Car Sales family business where the two owned 50 percent shares each.
Robbery charges against Andrew Chenjerai came after a bitter share dispute pitting the two blood brothers.
Andrew Chenjerai was jointly charged with Bhekimpilo Ncube and Mehluli Ncube for allegedly robbing Paza Buster Car Sales in December 2023.
The two Ncubes were found not guilty at the close of the State’s case and were freed.
Andrew Chenjerai was put to his defence until he got cleared this Monday.
The prosecution had alleged the three broke into Paza Buster Car Sales offices armed with a firearm and stole US$3 000, Mercedes Benz s540 and Gwagon car keys and company registration documents, an original CR6 and CR 2 form.
Nothing was recovered by the police.
The case had no exhibits.
Andrew Chenjerai did not know the Ncubes and all the three denied the charges.
Five witnesses testified in the case who are Emely Chenjerai (young sister to Paul and Andrew), Brian Chirasasa, Christian Vhulingoma, Isiah Chikanda and Arnold Anderson.
No eyewitness, ballistic evidence or Closed Circuit Television recording placed Andrew Chenjerai near the robbery scene or any other date.
Emely Chenjerai the young sister to Paul and Andrew told the court during the robbery trial that there was a dispute regarding the shareholding of the company between them.
What is clear with the case is that on 16 January 2024, Andrew Chenjerai made a report for fraud and forgery at police’s Commercial Crimes Division after he saw that he was removed as a company shareholder.
Andrew Chenjerai reported his older brother Paul Chenjerai of fraud and forgery after the latter allegedly removed him as director of Paza Buster Commodity Brokers.
The police then arrested Andrew Chenjerai in unexplained circumstances.
Paul Chenjerai was never arrested or taken to court despite the police having received a report of fraud and forgery against Paul who is director at Paza Buster Commodity Brokers.