The trial of former Vice President Phelekezela Mphoko, who
is facing charges of criminal abuse of office, will take place from November 12
to 15.
Mphoko allegedly instructed junior officers at Avondale
Police Station in Harare to release of former Zimbabwe National Road
Administration (Zinara) acting chief executive Moses Juma from the cells.
Juma had been arrested on abuse of office charges. Prosecutor
Mr George Manokore served Mphoko’s lawyer Mr Zibusiso Ncube of Ncube and Partners
Legal Practitioners State papers saying he was ready for trial from November 12
to 15.
Mr Ncube requested time to prepare his client’s defence but
consented to the trial dates proposed by the State.
Harare regional magistrate Mr Hosea Mujaya deferred the
matter to November 12 for trial commencement.
According to the State papers, Zimbabwe Anti-Corruption
Commission (ZACC) received a case in which Juma and Davison Norupiri, who was
Zinara’s finance committee chairperson, were being accused of fraud and
criminal abuse of office on May 6 2016.
Investigations resulted in the arrest of the two for
criminal abuse of office. Warned and cautioned statements were recorded on July 12,
2016.
The two were detained at Avondale Police Station, Harare
pending court appearance on July 14, 2016.
“On the same date at around 6pm, Mphoko, who was then Acting
President of Zimbabwe, went to Avondale Police Station where on arrival, he
abused his duty by ordering the immediate release of the two accused persons
from police custody.
“The officer-in-charge stood his ground challenging the
unlawful instruction, but eventually succumbed to pressure from the accused and
released the two accused persons from police cells.
“The accused then drove away in his vehicle,” read part of
the request for remand form. This was done without ZACC’s knowledge.
On July 14, ZACC officers went to Avondale to pick up the
accused persons for court appearance, but discovered that Mphoko had ordered
the pair’s unlawful release.
“Section 106 of the Constitution of Zimbabwe clearly spells
out the conduct of Vice Presidents, Ministers and Deputy Ministers and
subsection (1) states that every VP must act in accordance with this
Constitution.
“Subsection 2 (b) (c) of Section 106 also states that Vice
Presidents shall not act in any way that is inconsistent with their office or
use their position to improperly benefit any other person,” reads the State
papers.
The State contends that Mphoko acted inconsistent with his
duties in releasing the duo and that he also showed favour to them in the
process. Chronicle
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