ACTING Prosecutor General Mr Kumbirai Hodzi was yesterday
grilled for allegedly not doing enough to effectively prosecute high profile
corruption cases in his first 93 days as head of prosecution amid complaints
that he was pre-emptying investigations through premature press briefings.
Appearing before a panel of 11 commissioners of the
Judicial Service Commission (JSC) yesterday, Mr Hodzi said he had taken a
record 27 high profile graft cases to court but panellists questioned the
quality of some of the dockets considering acquittals were being recorded at
the courts.
Mr Hodzi was part of the 10 aspiring Prosecutor Generals
publicly interviewed in Harare yesterday. He was the fourth candidate to be
interviewed yesterday.
Deputy Chief Justice Elizabeth Gwaunza was the first to
quiz Mr Hodzi, asking him to state the number of high profile cases which had
been taken to court in his first 93 days in office.
Mr Hodzi said: “We have taken at least 27 high profile
cases to court since my appointment as Acting Prosecutor General.”
Justice Gwaunza quizzed him further: “Why are we not
hearing about them?” Mr Hodzi responded by proposing the training of judicial officers
on how to properly preside over corruption-related cases.
“Our magistrates need special training on anti-corruption
cases. Even some judges need to be properly trained on how to handle graft
matters. We also need to have judges properly trained to effectively deal with
cases of corruption,” he said.
Commissioner Priscilla Madzonga weighed in with a follow up
question on the progress made in the first 93 days.
“Can you tell us about just one high profile corruption
case that your office has so far effectively prosecuted with a conviction?”
Mr Hodzi informed the panel that he was working on at least
two cases which will soon be brought to court.
“I have put resources on two or three high profile cases of
corruption that are coming soon . . .”
Comm Madzonga questioned him on the quality of the 27
dockets which Mr Hodzi said had been referred to court.
“Were the dockets ready for trial? Were the 27 cases
properly investigated? We hear some of the cases are not being properly
investigated.”
Mr Hodzi insisted that the cases had adequate evidence for
conviction.
Comm Josphat Tshuma said JSC was in possession of a written
complaint that the Acting PG was pre-empting investigations through abuse of
the media.
“We have received a complaint against you of inappropriate
use of the media, pre-empting corruption investigations. How do you respond?”
Mr Hodzi said his engagement with the media was meant to
ensure accountability to be public, being a public officer.
“There was no any impropriety in me dealing with the press.
In fact, so many complaints have been raised against me with some wrongly
accusing me of interfering with a judge,” he said.
Comm Tshuma added: “Is it appropriate for you as Acting PG
to be the NPA spokesperson, dealing with the media?”
“I no longer chair the meetings. I have created a corporate
affairs department to speak for the NPA headed by Mrs Angeline Munyeriwa.
“I only speak on issues to do with the prosecution and the
media will be present to ensure accountability and transparency. This is meant
to ensure that I will not have anything to hide,” he responded.
Comm Lloyd Mhishi questioned Mr Hodzi on another complaint
written to JSC in which he was accused of appearing before a Harare magistrate
in a matter that was being handled by his juniors simply to introduce himself
as the Acting PG before addressing the court on how to deal with corruption
cases.
In that case the complainant said he objected to Mr Hodzi’s
approach saying he had used the wrong platform to discuss such issues.
“The complainant one Mr Kurunera said you appeared in a
court before magistrate Mujaya and you started addressing the court on how you
were going to handle corruption cases. Mr Kurunera said he questioned your
approach. Is that correct?” asked Comm Mhishi.
“When I went there it was just a courtesy visit to my
officers. After all I have a right of audience in any matter. I just opened the
matter and handed it over to my juniors. There is nothing wrong with that,”
said Mr Hodzi.
Comm Mhishi asked Mr Hodzi whether he was just taking
people to court before investigating because in most cases people were being
acquitted.
“I understand former Cabinet ministers and a businessman
have been taken to court but in most of the cases, the accused have been
acquitted. Can you tell us how you deal with cases at your office. Are you
taking people to court before making the decision to prosecute?”
“We first decide on whether to prosecute or not. If there
is enough evidence, we then take the case to court,” he answered.
Comm Mishrod Guvamombe asked Mr Hodzi to comment on the
public perception that most of the so called high profile cases were not being
properly prosecuted.
“There is a perception that in most of the cases you are
referring, you simply arrest to investigate and the matter end there. Can you
comment on that?”
Mr Hodzi said: “We agreed that we are not going to have cat
fights between prosecutors and magistrates on who is not doing his or her job.
“The public is not interested in our cat fights. We agreed
to work together as a seamless machine. If the police do their investigations
poorly, the whole system will suffer disrepute. We just need to work together
well,” said Mr Hodzi. Herald
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