Man loses appeal after stealing R190 000 from accident victim

A Bulawayo man who stole R190 000 from an accident victim and used the money to buy two vehicles and a mobile phone has had his appeal against a seven year prison sentence dismissed.

Sylvester Chitandawata was convicted on two counts — theft and money laundering — following an incident that occurred on June 6, 2021 near 2nd Avenue and Lobengula Street, in a bushy section of the city.

According to the prosecutor, Mr Kudakwashe Jaravaza, Chitandawata took advantage of Mr Shelton Ngamera, who had just been involved in a vehicle accident, and stole a bag containing ZAR190 000. He later used the stolen funds to purchase a BMW, a Honda Fit and an Itel A56 phone.

“Evidence presented in the lower court clearly placed the accused at the scene of the crime. The complainant testified that he had handed the accused his car keys while the latter adjusted the driver’s seat, and then saw him run off with the bag containing the money. The area was well-lit, and the complainant spent about 20 minutes in proximity to the accused, who was wearing a work suit with blue trousers and a reflective band around his leg,” said Mr Jaravaza.

Mr Jaravaza said the identification of the accused was strengthened by testimony from a second State witness, Charles Mhlanga, who had called Chitandawata to the scene to assist after the accident.

“Mr Mhlanga saw the accused flee with the money while leaving behind a satchel containing identity documents linking him directly to the crime. The witness had known the accused for years, since 2003, which eliminated any possibility of mistaken identity,” he said.

The court heard that Chitandawata attempted to challenge the testimony by alleging that there was bad blood between him and Mr Mhlanga. However, the court rejected this claim, noting that the accused had not raised this issue in his original defence and had not cross-examined the witness on the matter.

Chitandawata, who represented himself, appealed both the conviction and the sentence at the Bulawayo High Court.
The appeal was heard by Justices Mutevedzi and Ndlovu.

In dismissing the appeal, the judges found that the theft — committed against someone who had just been involved in an accident — was an aggravating circumstance. They upheld the seven-year custodial term imposed by the lower court. Chronicle