MAGISTRATE FOUND NOT GUILTY

CHITUNGWIZA magistrate Mrs Esther Mabika has been found not guilty of criminal abuse of office by altering the amount of bail granted to suspected robbers after her trial court noted that no evidence was led in her trial that she had made any alterations.

She appeared before Harare regional magistrate Mrs Feresi Chakanyuka who, in her judgment, said the State shot itself in the foot after it failed to call as witnesses either the suspects or other court officials who were in court on the day of the alleged offence, and they failed to produce in evidence the record that Mrs Mabika allegedly altered.

The judgment also noted that the State failed to say who had raised the complaint against Mrs Mabika, which left its case “hanging in the air”.

Mrs Mabika was the magistrate when Prosper Maphosa, Honest Enerst Manzunzu and Enock Mutodi were brought before her for remand on August 21.

They had been arrested after a robbery in Beatrice reported by Mr Maxwell Dzingeni.

Neither the investigating officer nor the prosecutor opposed bail.

Bail was set according to a later report at $10 000 each, but each suspect only had to pay $5 000 bail. It was alleged that Mrs Mabika altered the amount out of court.

The prosecutor and the police officer who were in court on the day later claimed that they did not know how the bail quantum was reduced from $10 000 to $5 000, but neither was summoned as a witness and the court record showing what was said in court was never produced at the trial. Herald

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