Clever Nyabote, Macdonald Ndamba and Takawira Munanzvu were granted $150 000 bail each with reporting conditions by Mutare High Court Judge, Justice Issac Muzenda.
The trio, which was represented by Mr Tendai Bvuma of Bvuma and Associates, is accused of callously murdering Marcus Runduke and dumping his body at Vengere Bus Terminus.
The State was represented by Mr Malvern Musarurwa who opposed bail, arguing that the trio were facing a serious offence and were not proper candidates for bail.
In his bail application, Mr Bvuma said his clients mistook Mr Runduke for a robber after he jumped on to their truck from the driver’s door.
“The now deceased violently hit the window on the driver’s door while attempting to force it open. Applicants assumed the now deceased was a robber, as he was also whistling, probably signaling other accomplices to come. The driver swiftly sped off and after driving for about 70 meters, the now deceased jumped off.
“The applicants were relieved they were now out of danger and proceeded into the CBD. They had US$2 871 on them and thus did not want to risk entertaining suspicious people around the vehicle.
“The following morning they went to Mabvazuva shops where they sold their potatoes up to around 12 noon when they heard some people gossip that they had killed a person and threw him out of their moving vehicle. They drove to Rusape Central Police Station to enquire about the matter and were arrested on their way. Applicants will submit that had they been responsible for the now deceased’s demise, they would not have spent the whole day selling potatoes in the same town,” argued Mr Bvuma.
Mr Bvuma further submitted that the CCTV footage which is being used to nail his clients does not clearly show what transpired and the metal bar found with them is used a lever when attending to faulty tyres.
“It is respectfully submitted that footage does not show the now deceased being assaulted. It does not show the applicants throwing the now deceased from their motor vehicle. The footage does not show whether the now deceased fell on his own accord or that he was pushed or thrown out.
“It is important to point out that the CCTV took the footage from the side of the lorry opposite the driver’s side where the now deceased fell from. It is also important to point out that the footage only shows the truck passing and that as it passed, a person was left on the ground.
“How the person came to be on the ground, the footage does show. The metal bar is used by applicants as a lever when removing a punctured tyre from the motor vehicle and every truck has one or more such bars. It was not used to murder a person as alleged,” submitted Mr Bvuma.
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