An inquest into the death of Police Detective, Sergeant Joseph Maximus, who was shot dead while attempting to arrest armed robbers has been ordered by a Harare Magistrate.
This follows the conviction of 2 men for the Nyanga ZB Bank robbery, in a judgement which saw the 3rd suspect being acquitted.
In his lengthy judgment, Regional Magistrate Mr. Never Katiyo considered several circumstances surrounding the commission of the robbery and the subsequent shooting that resulted in the death of Detective Sergeant Joseph Maximus.
The magistrate said from the evidence brought before the court, it is still not clear who shot sergeant Maximus as the 2 suspects who were apprehended at a local sports bar had no fire arms at the time they were arrested.
Magistrate Katiyo said there is need for an inquest into the death of Joseph Maximus and establish the person who shot him.Â
He noted that one of the arresting officers consented that Tafadzwa Nindi and Bright Madanha who sustained serious injuries after being shot were not armed raising questions on weather there was a shoot out or not.
The magistrate however convicted Tafadzwa Nindi and Bright Madanha on armed robbery charges.
However, a 3rd suspect Lovemore Madiziyawo, was acquitted with the magistrate saying the evidence that links him to the offence is not admissible in court.
The magistrate said the state relied much on confessions made by the accused person who was under duress saying it is admissible evidence that the fire arm was recovered in a dam, but how it was recovered is inadmissible before the courts.
It is the state case that Nindi, Madanha and the now late John Teramayi pounced on ZB Bank Juliasdale in Nyanga where they unlawfully and intentionally used violence to rob the bank of more than US$114 000, R14 000 and 6 cell phones, after spraying bank officials with an unknown substance.
Part of the money was recovered.Â