A HARARE magistrate yesterday dismissed an application for discharge in a case where Police Commissioner Erasmus Makodza is facing a charge of criminal abuse of office for allegedly influencing the awarding of a contract to his girlfriend.
Makodza filed an application for discharge at the close of
the State case arguing the prosecution had failed to prove a prima facie case
against him.
But magistrate Noel Mupeiwa, in his ruling, said the
commissioner had a case to answer and should be put to his defence.
Mupeiwa postponed the matter to November 25 after Makodza,
who was being represented by Tapiwa Makanza, roped in another lawyer who said
he needed to study the record of proceedings.
“The State has proven that on the contract with Maonei
Chapfudza (alleged girlfriend), Makodza represented Mashonaland East police province
as is written in the contract. So Makodza was representing Zimbabwe Republic
Police,” Mupeiwa ruled.
Mupeiwa said the first and second witnesses who disowned
their statements were Makodza’s subordinates and that could have compromised
their evidence.
He said Police Deputy Commissioner-General Lorraine Chipato
had told the court that Makodza did not declare his interest to
Commissioner-General Godwin Matanga.
The court also ruled that the State submitted evidence of
financial transactions that showed Makodza was receiving money and other gifts
from Jerel Investment, the company allegedly owned by his girlfriend,
Chapfudza.
“Lastly, it has been shown that the accused was receiving
monetary and other gifts from the company and as such, a prima facie case has
been proven.”
Makodza allegedly presented Chapfudza to the police
committee as a private investor without disclosing his personal relationship
with her. The two have a child together, a fact that was not disputed in court.
Makodza is also accused of not disclosing that he was once
a co-director of Jerel Investment and failure to disclose his interests to his
principals.
“It is not in dispute that the accused is an employee of
Zimbabwe Republic Police. It cannot be disputed that he corruptly entered into
an agreement representing Mashonaland East. The memorandum of association was
produced in court and he signed. But although the defence said he did not
participate in the meeting, it is now the case for another day,” Mupeiwa ruled.
Allegations are that sometime in early 2019, Makodza, while
he was Officer Commanding Mashonaland East province, imposed Chapfudza as a
private investor ready to invest at the provincial police farm to his
subordinate one Stephen Zengeya, who was Assistant Commissioner responsible for
administration in Mashonaland East province at the time.
The State alleges that Makodza imposed Chapfudza knowing
very well that she was not a private investor, but his lover. Newsday
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