Tendai Zuze, once imprisoned for a decade, has been exonerated by the High Court in connection with the notorious US$2.7 million ZB Bank heist.
Zuze was initially found guilty alongside Never Mwamuka and Shadreck Njowa, the latter deemed the mastermind behind the 2021 highway robbery.
The incident, which involved an ambush of a ZB Bank cash van on the Harare-Chinhoyi highway, marked the largest heist in Zimbabwe’s history.
High Court judges, Happias Zhou and Benjamin Chikowero, determined that the evidence presented did not sufficiently link Zuze to the crime.
They criticized the reliance on what they called “suspicion” rather than solid evidence, stating that “suspicion is not evidence.”
At his arrest, Zuze possessed US$35,000, and he had recently bought a Honda Fit, facts used against him in the lower court.
Moreover, Zuze’s presence near the crime scene was questioned due to his car passing through the Nyabira tollgate before the heist.
However, the lack of serial number records for the stolen cash was pivotal in the appeal, undermining the prosecution’s case.
Zuze explained that part of the money was from his wife’s savings and the rest from his mining ventures, a claim the prosecution could not disprove.
The judges noted that the absence of direct evidence linking Zuze to the robbery was a significant oversight by the trial court.
They highlighted that the trial magistrate, Clever Tsikwa, had misinterpreted circumstantial evidence, leading to a miscarriage of justice.
The High Court’s ruling emphasized that the burden of proof lay with the state, which failed to establish Zuze’s guilt beyond reasonable doubt.
The judges condemned the lower court for overlooking exculpatory evidence that could have cleared Zuze’s name.
In their judgment, they quashed Zuze’s conviction, set aside his sentence, and declared him not guilty, thereby acquitting him.
This decision not only frees Zuze but also casts a spotlight on the judicial process regarding evidence in high-profile cases.
The case serves as a reminder of the importance of meticulous evidence collection and presentation in criminal proceedings.
It also underscores the need for the legal system to rely on incontrovertible evidence rather than conjecture or suspicion.
Zuze’s acquittal after a decade behind bars brings into question the integrity of past convictions based on similar evidential standards.
This ruling could potentially impact how future cases are prosecuted, especially those involving significant sums of money.
For Zuze, this outcome is a personal vindication, but for the legal community, it’s a lesson in the application of law and justice.
As Zimbabwe grapples with crime, this case might encourage a reevaluation of how evidence is handled and presented in court.
The outcome of Zuze’s appeal might also embolden others to challenge convictions based on weak circumstantial evidence.
This landmark decision could influence judicial practices, ensuring that justice is not only done but seen to be done through solid evidence.