THE two Ticoz Protection Services directors facing three counts of conspiracy to commit robbery say the magistrate who presided over their case has no jurisdiction to try them for an offence, which purportedly occurred in South Africa.
Tarwireyi Tirivavi (48) and Tinashe Dekeya (35) are accused of supplying information which led to the robbery of two Savanna Tobacco Zimbabwe trucks carrying cigarettes worth over R5 million.
The pair has made an urgent application at the High Court seeking a review of Harare magistrate Mrs Anita Tshuma's decision to throw out their application for refusal of remand.
The two are also seeking bail.
In their application filed by their lawyers Mutumbwa, Mugabe and Partners they argue that the magistrate erred by exercising jurisdiction over the matter and placing them on remand.
"The magistrate committed a gross irregularity by ruling as she had no jurisdiction to remand the applicants on a charge of conspiracy to commit robbery in South Africa yet no such robbery had been established, the matter having been withdrawn in South Africa.
"The magistrate had no jurisdiction to place second applicant (Dekeya) on remand essentially on the same facts that he had faced at Mbare Magistrate Court," they submitted.
The two also argue that there was no evidence that the robberies in question were committed adding that their detention amounted to a gross violation of their constitutional right to liberty. Mr Bensen Taruvinga who is appearing for the State is opposing the application. The State alleges that sometime in April, a South African company, Forensic Security Services, contracted Ticoz -- which is owned by the accused -- who were once employees of Forest Security Consultancy.
Ticoz would allegedly gather information of consignments from indigenous companies being exported in the region and send information to Forensic Security Services.
The State says the information was then used to rob the consignments at gunpoint while in South Africa, depriving the local companies and the country of revenue.