The National Prosecuting Authority had appealed against the
removal of some of his properties from the unexplained wealth orders, five
months ago.
Chihuri resumed control over some of the properties he
acquired during his 25 years at the helm of the police force following a High
Court judgment in June this year, which ruled partly in his favour.
But other assets and those of his companies fingered in
possible corrupt business deals with the police force remained under the
unexplained wealth orders. Dissatisfied with the lower court decision, The NPA
took the matter up to the Supreme Court challenging the decision.
A three-judge panel comprising Justices Susan Mavangira,
George Chiweshe and Joseph Musakwa upheld the decision by Justice Pisirayi
Kwenda earlier this year and struck the appeal off the roll citing non
compliant and defective grounds of appeal. The
High court accepted Chihuri’s explanation on his source of
funds generally. He retired after serving the ZRP for 37 years.
Chihuri argued that over the period of employment, he made
savings on salaries, bonuses, savings from foreign trips and conditions of
service benefits. He said he was a delegate and vice president for Interpol in
Africa and was remunerated in US dollars.
The High Court noted that in any event Chihuri acquired all
the assets prior to the period during which, the State alleges he became
involved in serious crime. The allegation is that he was involved in crime in
the year 2017.
He argued that all the properties acquired by him and his
wife was dine through income from legitimate business.
He further argued that some of the properties were
registered as the property of their children for estate planning purposes.
Justice Kwenda ruled that therefore the State is not
justified in insinuating that they are proceeds of crime because they were all
acquired prior to the year 2014. Chihuri claims that various documents had been
submitted with the application to prove the acquisition; in some cases,
disposal; and ownership of the various properties.
It was the courts conclusion that the “unexplained wealth
orders were unreasonable and unjustified and that had he (Chihuri) been
afforded the opportunity to explain it is unlikely that this court, acting
reasonably and carefully would have granted the ex parte unexplained wealth
order”.
Chihuri was represented by lawyer Addington Chinake of
Kantor & Immerman while the state was represented by Chief Law officer and
head of assets forfeiture unit Chris Mutangadura. Herald
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