After being charged with destroying evidence and dragged before the court for the past five years, a 28-year-old Toteng man’s name has finally been cleared of cattle rustling allegations, as the state failed to provide sufficient evidence to convict him. France Murangi was charged alongside his two friends, Kapatanisiwa Tjihumino (28) and Vatezaje Ndjoura (29), for allegedly stealing 14 cattle that were kept by the police as exhibits for various stock theft cases. The trio was also accused of killing three of the cattle to destroy evidence.
It is alleged that Tjihumino, who had pending stock theft cases, boasted of releasing the exhibits from the police kraal to weaken the state’s case against him. On 16 August 2019, the police found the kraal open and the cattle missing. Following horse tracks, they arrested the trio at a nearby cattle post.
In a ruling prepared by Magistrate Keneilwe Kgoadi and read by Principal Magistrate Gofaone Mosweu on Tuesday, Murangi’s involvement in the offense was not sufficiently established. “The state failed to provide sufficient evidence to prove beyond reasonable doubt that the third accused person played a role in the release, movement, and killing of the cattle,” noted Kgoadi.
According to the magistrate, Murangi’s mere presence at the scene of the arrest was not enough to establish criminal liability. “No independent evidence places the third accused at any of the key locations where the cattle were stolen or slaughtered. The tracking evidence, the horse prints, and all the recovered items implicate the first and second accused persons,” said Kgoadi, adding that the state failed to prove Murangi’s involvement beyond reasonable doubt. She therefore discharged and acquitted him of the offense.
In a brief interview with The Voice after the judgment, Murangi expressed his desire to pursue a malicious prosecution lawsuit against the state, claiming they charged him despite knowing they had no evidence. “When they arrested us, I told them that I met those two at the borehole when I was looking for my father’s cattle. I did not know where they had been or what they had done. I decided to go with them to look for food at Ndjoura’s cattle post, and that was where the police raided and arrested us,” revealed Murangi.
According to Murangi, after their arrest, the police assaulted them, and they were later arraigned and sent to prison for a month before being released on bail. “I have suffered a lot because of this case. My name has been tarnished, I have been to prison, and I was assaulted by the police. I have suffered financially because I had to appear in court every now and then, leaving my stock unattended, and people stole from me in my absence,” explained Murangi, adding that he intends to sue the state for the damages caused by his prosecution.
It is reported that Tjihumino, the first accused, has since fled to the United Kingdom, while Ndjoura has been absconding court. The duo has been convicted in absentia and will be sent to prison upon their arrest, as the court has revoked their bail. Murangi is expected back in court on 19 August, where he will apply to be reimbursed his P2,500 cash bail money.
