Geneva, 1st October 2004
Mr. Dulini-Ncube stated that he had first been accused of masterminding the kidnapping and murder of Limukani Luphala, and subsequently of war veteran Cain Nkala. The delegation understood that when it transpired that he had an alibi and could not be involved in Limukani Luphala’s abduction and murder, this charge was dropped so that he remained accused only of masterminding the murder of Cain Nkala. He was detained first from 17 November to 18 December 2001. He was arrested again in August 2002 (the date varies: 3 August according to the police memorandum of March 2004 and 7 August according to the information provided by the Commissioner of Prisons) and released on bail on 17 August 2002 (here again the dates vary). According to the authorities, he was arrested again because his lawyers had failed to bring him to court when directed to do so. Mr. Dulini-Ncube stated that this was untrue; in fact, at the time, he was in Mater Dei Hospital where he had been admitted to have an eye removed.
It should be recalled that the accusation against him is based essentially on statements by his co-accused. They, however, testified in court that their statements had been obtained by use of force and under duress. As a result, a trial within a trial was conducted to determine the admissibility of this evidence. The delegation was provided with a copy of the judgment in this matter given on 2 March 2004. The Judge ruled that the evidence produced by the prosecution against the accused had to be set aside, having found that “the evidence of the State witnesses who are police officers is fraught with conflict and inconsistencies. The witnesses conducted themselves in a shameless fashion and displayed utter contempt for the due administration of justice to the extent that they were prepared to indulge in what can only be described as works of fiction … ”.
The delegation understood that Mr. Dulini-Ncube still cannot travel as his passport has not been given back to him and that he remains under the obligation to report to police every Friday.
Fletcher Dulini-Ncube was arrested for murder under Western Commonage CR 3003/11/01.
The accused, acting in concert with his accomplices Remember Moyo, Kethani Augustine Sibanda, Sazini Moyo and Thsabalala Sibanda hatched a plan to kidnap and subsequently kill Bulawayo war veterans leader Cain Nkala. Fletcher Dulini-Ncube was to be the chief financier of the plan. On 5 November 2001, and at about 20:30 hours, the other accused persons save for Fletcher Dulini-Ncube drove to the now deceased Cain Nkala's house. On arrival, they called him to come outside. Cain Nkala responded and went to the vehicle. He was all of a sudden bundled into the vehicle by the accused persons. The accused persons started singing revolutionary songs and drove to Norwood Resettlement area in Solusi, Bulawayo. At Norwood, the accused persons strangled Cain Nkala and buried him in a shallow grave. Investigations were instituted and on 13 November 2001, Augustine Kethani Sibanda and Sazini Moyo were arrested. They made indications to the police and body of deceased was recovered at Norwood.
Subsequent investigations led to the arrest of Fletcher Dulini-Ncube when it was discovered that he was part of the gang. The treatment of Dulini-Ncube during his arrest and custody by the Zimbabwe Republic Police (ZRP) recognised the member’s status and health.
The following are the facts relating to Fletcher Dulini-Ncube's arrest:
Mr Dulini-Ncube handed himself to the Police on November 17, 2001 in the presence of his lawyer at Queens Park police station. This was after many efforts had been made to locate him. His lawyer brought a letter from a Dr. F.A. Onyanga Omara stating that Mr Dulini-Ncube was a diabetic and needed a special diet. This was conceded to by the police before he was detained.
Special arrangements were made with Mr. Dulini-Ncube's wife to bring in the special food. This was communicated through Mr. Dulini-Ncube's lawyer Josphat Tshuma of Webb Low and Barry. The wife brought the food as arranged.
The following day (November 18, 2001), Mr. Dulini-Ncube was taken to court where he was remanded in custody and he immediately fell under the custody of the Zimbabwe Prison Service (ZPS).
The member was later granted bail and one of Mr. Dulini-Ncube's reporting conditions was that he should report every Friday to the police. While fellow accused persons were reporting to the Law and Order Section in the centre of Bulawayo arrangements were made for him to report at Hillside police station, which is near his home. In the meantime a co-accused