FORMER Vice President Phelekezela Mphoko must now defend himself on charges that he wrongly ordered the release of two top Zinara officials after Harare regional magistrate Mr Trynos Utahwashe dismissed his application for discharge at the close of the State’s case.
Mphoko is charged with criminal abuse of office after he
allegedly ordered the release of former acting chief executive of the Zimbabwe
National Road Administration, Moses Juma, and former Zinara board member
Davison Norupiri from Avondale Police Station after their arrest in 2016.
He had applied for discharge at the close of State case
arguing that the State had failed to present evidence in court that warrants
his conviction. The State opposed his application.
In his ruling, Mr Utahwashe ruled that Mphoko had a case to
answer and must be put to his defence.
The matter is being held in camera although his immediate
family members are allowed to attend the trial.
According to the State, the Zimbabwe Anti-Corruption
Commission (ZACC) received a case on May 6, 2016 in which Juma and Norupiri
were being accused of fraud and criminal abuse of office.
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 pending
court appearance on July 14, 2016.
On the same day at around 6pm, Mphoko, who was then Acting
President of Zimbabwe, went to Avondale Police Station where on arrival, he
allegedly abused his office by ordering the immediate release of the two
accused persons from police custody.
The officer-in-charge allegedly stood his ground,
challenging the unlawful instruction, but eventually succumbed to pressure from
the then acting President and released the two from police cells.
This was done without ZACC’s knowledge, according to the
State. On July 14, ZACC officers went to Avondale Police Station to pick up the
two suspects for their court appearance, but discovered that Mphoko had ordered
their release.
Mphoko is expected back in court on February 4. Herald
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