Wednesday, 9 June 2021


Legal challenges have been launched by Police Commissioner Douglas Nyakutsikwa over being charged for two crimes over one set of allegations, that is of allegedly lying to the Harare City Council that he was not married in a bid to acquire a residential stand in the affluent suburb of Vainona early last year.

Nyakutsikwa was being charged with fraud yesterday, and through lawyer Mr Tapson Dzvetero, he challenged his remand before Harare regional magistrate Mrs Vongai Guwuriro.

He argued that there was improper separation of charges since he once appeared in court on a similar set of allegations and another magistrate had already removed him from remand on criminal abuse of office charges, based on the same allegations of fact.

“It is unfair for the accused person to be charged with separate crimes in circumstances where he should have been charged with one crime only because the conduct alleged really constitutes one criminal offence,” said Mr Dzvetero.

Mr Dzvetero told the court that they were served with summons to appear in court on fraud charges when they had already filed an urgent chamber application in the High Court seeking to stay trial proceedings in a matter he is charged with the criminal abuse of office and they now wanted a Constitutional Court decision on Comm Nyakutsikwa’s challenge on the constitutionality of the Special Anti-Corruption Unit (SACU) to arrest and prosecute him.

He said the State’s attention should be focused on the pending application before the High Court, and after that matter has been disposed of, the State can proceed to issue a fraud summons, should need be. Mr Dzvetero said the State was not ready to prosecute as it only raised the allegations in a bid to keep Comm Nyakutsikwa away from his work.

He also said the court had already made a determination on the matter when magistrate Mr Ngoni Nduna removed Comm Nyakutsikwa from remand on the criminal abuse of office charges.

The remand hearing on fraud charges continues on June 14 when Mr Dzvetero is expected to continue with his application while the State led by Mr Zivanai Macharaga is expected to respond. Herald


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