THE State has been ordered to thoroughly investigate and
give a comprehensive report on why police take suspects to court late,
especially in the afternoon.
Harare regional magistrate, Mrs Bianca Makwande, yesterday
expressed displeasure in the police’s conduct, especially in the wake of the
Covid-19 pandemic.
This followed the taking to court of Harare Mayor Herbert
Gomba for the afternoon session for his initial appearance in a matter
involving criminal abuse of office.
Mrs Makwande was forced to defer the matter to today for
Gomba’s bail application.
“My hands are tied because of the lockdown regulations and
I cannot hear the matter today (yesterday),” said Mrs Makwande.
The State led by Messrs Jonathan Murombedzi and George
Manokore, undertook to investigate the delays and give a report on Gomba’s next
remand date.
Gomba, through his lawyer Prof Lovemore Madhuku, complained
against the police’s conduct saying it was meant to make sure that he spends a
night in remand prison.
“We came in the morning and we were told that they wanted
to take the papers to their head office to make some changes,” said Prof
Madhuku.
“We waited and when they came back at around noon, we noted
that there were no changes that were made.
“We believe all was done to make sure that accused spends
the night at remand prison because they know they have a weaker case against
him.”
Circumstances leading to Gomba’s arrest are that sometime
last year, he allegedly connived with his accomplices, who are yet to be
accounted for by police, and altered an approved layout plan belonging to
Youths in Business Housing Trust.
Gomba and his accomplices, in so doing, allegedly converted
State land into council land and allocated it to Taringana Housing Scheme, with
the same plan number that was allocated to Youths in Business Trust.
It is said, Gomba, in his capacity as the ceremonial mayor,
originated a memorandum dated February 18, 2020 saying the plan for Taringana
Housing Scheme had been approved and council should survey the said piece of
land.
The court heard that the letter was misleading and
inaccurate since the same plan had been issued and approved by the Ministry of
Local Government and Public Works to the Youths in Business Housing Scheme.
Plans to proceed with the piece of land in question had
been set aside by the Town Clerk, but Gomba disregarded such advice, it is
alleged.
The State alleges that Gomba acted beyond his powers as a
ceremonial mayor.
The Environmental Management Agency (EMA) inspected the
piece of land and noted that 40 percent of it was a wetland and recommended
that the part be left out.
Gomba allegedly went on to demarcate the wetland, in
violation of the EMA recommendation. His actions were said to have shown favour
to Taringana Housing Trust and disfavour to Youths in Business Housing Scheme.
Herald
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