THE five hitmen, who were allegedly hired by a businessman to ass@sinate his business rival, have suffered a setback after a magistrate dismissed their application opposing placement on remand.
The gang, made up of Moses Monde of Johannesburg, Malvin Manzinde, Malvin Tatenda Nyamuranga, Norbert Muponda and Joshua Mapuranga, who bare ased in Cape Town, initially appeared in court last week charged with conspiracy to commit murder.
They filed an application opposing their placement on remand arguing that the State hadn’t shown any reasonable suspicion that they committed the offence.
However in his ruling, presiding magistrate Stanford Mambanje said the State had managed to establish reasonable suspicion that a plan to murder the complainant was in motion even though it didn’t yield any results.
“This is a ruling for an application challenging placement on remand that was filed by the five accused persons in which they argued that there was no evidence that was showing that they travelled from South Africa to k!ll the complainant.
“They questioned where he got the guts to lure his would-be executors if there was, indeed, a plan to m_rder him.”
He added:
“Every person has the right to liberty which can be limited after one is about to or has committed an offence.
“The only justification is when the fact alleged in the State’s papers disclose a criminal offence known at law which should be linked to the accused person in question.
“At this stage, we are not looking for high quality evidence, suspicion based on quality grounds.
“A reasonable mind would question if the complainant would make a random pick of strangers and accuse them of planning to k!ll him without a reasonable explanation.
“There’s reasonable suspicion that there was a plot which, unfortunately, didn’t yield results and this isn’t the complainant’s loose imagination, it doesn’t sound like one.
“While it’s not proof beyond reasonable doubt at this stage, there’s reasonable suspicion, the State doesn’t need to prove the charges at this stage.”
The gang is back in court on Tuesday to file their bail application.
The brief circumstances are that the alleged mastermind Obrian Obert Mapurisa, who is on the run, entered into an an agreement to purchase Liquified Petroleum gas tankers in Turkey with Oliver Tendai Chipindu.
Due to the misrepresentation, Chipindu gave Mapurisa cash amounting to US$800 000 for the purchase of seven Liquified Petroleum gas tankers.
Mapurisa failed to deliver the tankers and later hired the five as@assins to assasinate Chipindu.
