Chief law of­fi­cer de­nies hand in CIO mole’s woes

The Herald (Zimbabwe) - - Crime & Courts - Fun­gai Lu­pande Court Re­porter

CHIEF law of­fi­cer in the At­tor­ney-Gen­eral’s Of­fice Mr Chris Mu­tan­gadura yes­ter­day said he never de­cided on the immunity of an in­for­mant who ex­posed cor­rupt and rogue mem­bers of the Cen­tral In­tel­li­gence Or­gan­i­sa­tion and se­nior po­lice of­fi­cers.

The in­former, Del­ish Nguwaya, is now ac­cus­ing the po­lice of us­ing self-in­crim­i­nat­ing ev­i­dence he gave them to charge him and three oth­ers.

The re­marks are con­trary to claims by Su­per­in­ten­dent Nyambo Viera that it was Mr Mu­tan­gadura’s de­ci­sion to have Nguwaya pros­e­cuted be­cause the in­for­ma­tion on which he was seek­ing immunity was not valu­able to the State case.

Mr Mu­tan­gadura told the court that he had no hand in hav­ing Nguwaya pros­e­cuted.

“The CIO deputy di­rec­tor, Kiz­ito Gweshe, told me that a joint in­ves­ti­ga­tion was un­der­way in­volv­ing the po­lice and the in­tel­li­gence to root out rogue el­e­ments,” said Mr Mu­tan­gadura.

“They wanted le­gal ad­vice be­cause the in­former had in­side in­for­ma­tion and had also par­tic­i­pated in crim­i­nal ac­tiv­i­ties. I ad­vised them to come to my of­fice as a team.

“They came be­tween July 2 and Septem­ber last year. Gweshe headed the CIO, while Supt Viera was lead­ing the po­lice. I ad­vised them to get the in­former’s ev­i­dence on an af­fi­davit freely and vol­un­tar­ily.”

Mr Mu­tan­gadura told the court that the team went and never re­turned and weeks later he re­ceived a crim­i­nal docket with Nguwaya as the first ac­cused.

“He was al­ready an ac­cused per­son and it was no longer in my ju­ris­dic­tion to make him a wit­ness and noth­ing in the docket sug­gested that he was a wit­ness,” said Mr Mu­tan­gadura.

Dur­ing cross-ex­am­i­na­tion, Nguwaya’s lawyer, Mr Jonathan Sa­mukange, asked if Chief Supt Ma­jachani and Supt Ta­chiona, who were also im­pli­cated by Nguwaya, were in­ves­ti­gated.

Mr Mu­tan­gadura said he only saw an af­fi­davit from Nguwaya men­tion­ing their names af­ter he was charged.

He said Supt Ta­chiona was a wit­ness against Nguwaya.

Mr Mu­tan­gadura clar­i­fied that be­cause of or­gan­ised crim­i­nal ac­tiv­i­ties, the Pros­e­cu­tor-Gen­eral had the dis­cre­tion to use a per­son with in­side knowl­edge or has par­tic­i­pated in a crime as an ac­com­plice wit­ness.

He said the court had the final say on whether or not to en­dorse the per­son as a wit­ness.

Pros­e­cu­tor Mr Michael Reza made a des­per­ate at­tempt to call In­spec­tor Man­dizha as a wit­ness, but it turned out that he was in court dur­ing pro­ceed­ings.

Nguwaya is jointly charged with a mem­ber of the CIO, Zano Ven­gayi (33), Clever Gadzikwa (36) and Mbereki Mbizo Ny­athi, who is a for­mer mem­ber of the CIO.

They are ac­cused of ex­tort­ing about $20 000 from Baon­ing Guo, a Chi­nese na­tional, but Nguwaya said they com­mit­ted the of­fence to­gether with Chief Supt Ma­jachani and Supt Ta­chiona.

He is seek­ing re­fer­ral of his case to the Con­sti­tu­tional Court be­cause he vol­un­teered self-in­crim­i­nat­ing ev­i­dence, which was used by the po­lice to charge him.

The po­lice, ac­cord­ing to Nguwaya, de­lib­er­ately omit­ted ev­i­dence in­crim­i­nat­ing the two se­nior po­lice of­fi­cers.

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