THE prosecution in the robbery trial of Bindura lawyer Elatone Bonongwe and five others wants to use WhatsApp chats on the suspects’ mobile phones to link the gang to the crime and find incriminating material against them.
The WhatsApp reveals the content of the chats and locates the originator of messages or texts, which the prosecution seeks to rely on and bolster its case against the gang.
After leading evidence from the prosecution’s second witness, prosecutor Mr Garudzo Ziyaduma applied for the production of a forensic report from the Criminal Investigation Department’s Cyber Laboratory. This was after the testimony of Detective Stainlus Ruzive, a digital forensic examiner at the CID Cyber Laboratory, who compiled the report.
“In any criminal proceedings evidence generated from a computer system or by means of information and communications technologies or electronic communications system shall be admissible in court,” he said.
“This section was amended through the Criminal Procedure and Evidence Act, which specifically deals with criminal trials, hence it is applicable in this case because these are criminal proceedings whose procedures are governed by the Act.”
Mr Ziyaduma said criminal procedures generally do not create offences but publish rules and procedures that have to be followed in a criminal proceeding. But the defence team led by Mr Simbarashe Prince Ganye challenged the admissibility of the report arguing the information which the prosecution sought to rely on was not obtained in terms of the provisions of the contemplated law.
He said the information was obtained manually hence the objection to the report being admitted in court as evidence. “The information was not generated by means prescribed in the Act,” said Mr Ganya.
“The manner in which the evidence was obtained in this case is questionable.” The lawyer also disputed that the witness had not disclosed the nature of his employment to lend credibility to his testimony and the report.
In his testimony, Detective Ruzive told the court that he conducted a manual examination on a Samsung Galaxy A02 mobile phone that was installed with a WhatsApp GB.
The WhatsApp account was registered using cell number 0773096902, belonging to Gandi. The witness also observed WhatsApp chats between the WhatsApp account it housed and registered using the cellphone number +263 772624459 with the user name E Bonongwe (General Bravo).
Further the witness said, he used a UFED camera to take screenshots of the messages which were contained in the chats, the WhatsApp profile details of the two accounts and the device details.
After hearing submissions by both parties’ legal counsel, Justice Pisirayi Kwenda adjourned the proceedings to make a ruling on the admissibility of the disputed forensic report.
When the court resumed sitting yesterday, Justice Kwenda overruled the defence objections, paving way for prosecution to produce the report on the messages between Bonongwe and Gandi as an exhibit.
Bonongwe is accused of being the mastermind of the robbery that saw his accomplices stealing over US$30 000 worth of property and cash from a Bindura home after a brutal attack of the occupants.
Bonongwe is jointly charged with Musa Gandi, Agnes Kunaka, Tafadzwa Chipashu, Justin James and Terrence Musingwini. They all denied the robbery charge when their trial began before Justice Pisirayi Kwenda, sitting with two assessors.
In his defence, Bonongwe denied hatching a plan to rob Engineer Emson Chitsungo with Tinotenda Bhunu and Ethan Chitsungo as alleged by the State.
He claimed that he was being victimised for allegedly making a police report against Wisdom Kundishora for corruption involving Pfura Rural District Council stands. His co-defendants, who are also legally represented, denied the charge.
Charges against the six arose on October 15 last year, when Bonongwe allegedly hatched a plan to rob Eng Chitsungo. He allegedly instructed his uncle Gandi to assemble a team to carry out the mission. The trial was adjourned to July 9 for continuation
