THE officer-in-charge of CID Gweru, Detective Inspector
Leonard Gwandu has been sentenced to three years in prison for criminal abuse of
office.
Gwandu will, however serve an effective two years in jail
after one year was suspended on condition of good behaviour.
The State managed to prove that he released a vehicle
stolen from South Africa that was being held by the police as an exhibit.
The court heard how Gwandu took advantage of the absence of
his boss, Chief Superintendent Wellington Ngena and Superintendent Magdalene
Chakanyuka, who keeps exhibits, who were both on leave and released the
vehicle, a Toyota Hilux double cab valued at US$27 000 to Kwekwe businessman Mr
Shepherd Tundiya.
The State proved that it had been communicated to Gwandu
that there were 10 such stolen South African registered vehicles in the country
and Toyota South Africa and its clients were making follow-ups.
Of the 10 vehicles, two were in Gweru including the one
which was released to Mr Tundiya by Gwandu.
Gwandu who pleaded not guilty, was however convicted due to
overwhelming evidence by Gweru regional magistrate Mrs Phathekile Msipa.
In an hour-long judgement, Mrs Msipa said it was common-
cause that Gwandu released the vehicle when it was the duty of the court to
make such an order thereby showing favour to Mr Tundiya.
She said only the court can make an order to release ‘a
cat’ held as an exhibit after commencement of criminal proceedings.
Mrs Msipa said only a judge or magistrate handling the case
had such powers.
“The State noted that the vehicle was subject to investigations
from Toyota South Africa and Gwandu had such a database of vehicles under
investigation in his office,” said Mrs Msipa.
She said for reasons best known to Gwandu, he released the
vehicle taking advantage of the fact that his superiors had gone on leave.
“How does the accused release the vehicle back to a man
knowing that it was suspected to be stolen? It baffles one’s mind that this was
committed by a senior police officer and it amounted to criminal abuse of duty.
The accused knew that it was unlawful for him to give Mr Tundiya the vehicle
even after his acquittal. By his actions, he showed favour to Mr Tundiya by
releasing the vehicle to him. There is a thin line between incompetence and
corruption and he is found guilty as charged,” she said.
Mrs Msipa said Gwandu deserved a prison term as opposed to
paying a fine or doing community service saying community service would
trivialise the offence.
“A fine is not suitable under the circumstances and so is
community service because society will frown at this sentence and doubt our
justice system. We need to protect persons and their property. You took
advantage of the fact that your officer in charge and the officer in charge of
exhibits were on leave. This was a well-planned act and there is a need for the
court to pass a deterrent sentence so that society has confidence in our
courts. You are sentenced to three years of which one is suspended on condition
of good behaviour,” she said.
Gwandu who has been a police officer for 24 years, denied showing
any favours to Mr Tundiya saying according to his assessment, he was the true
owner of the vehicle.
He argued that after the acquittal of Mr Tundiya, he saw no
reason to keep the vehicle. Gwandu argued that the matter was an administrative
issue adding that he didn’t show favour to anyone.
State witness, Detective Sergeant Mlabeni Sibanda said the
vehicle was supposed to be released to Toyota South Africa.
“We had made an appointment with Toyota South Africa
together with its customers whose vehicles were stolen from them so that they
come and identify the vehicles for possible repatriation to South Africa. This
vehicle in question was supposed to be released to Toyota South Africa instead
of Tundiya,” he said.
It was the State case that on December 14 last year, Gwandu
released a Toyota Hilux valued at US$27 000, which was confiscated from Mr
Tundiya after it was discovered that it had been stolen in South Africa.
Mr Tundiya, who had been arrested on October 16 last year
in connection with the motor vehicle, was acquitted at the Gweru Magistrates
Court on December 13.
He told the court that he bought the vehicle from a car
dealer, Mr Patrick Mutodi in Harare. Mr Tundiya said he was also a victim in
the event that the car was stolen.
The day after he was acquitted, Gwandu released the stolen
vehicle to the businessman without following due procedure.
The State said the car was stolen in South Africa from one
Thomas Blom of CMH Toyota and was being investigated by Alberton Police Station
in South Africa.
The State said the vehicle was supposed to be handed to
South African police but Gwandu handed it to Mr Tundiya. Chronicle
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