Fugitive ex-Vice President still on the run
to stand trial in any court.
In the letter, Mphoko raised unsubstantiated fears of “abduction and being injected with lethal poison” during pre-trial incarceration.
“Our client is prepared to stand trial in any court, however, he fears for his life as he firmly believes that he would be abducted and injected with lethal poison. We request and propose that a trial date be set and we be furnished with the necessary State papers so that we attend trial without having to deal with pre-trial incarceration. His attendance in court…could be secured by serving him with summons to appear in court on the agreed date,” read part of the letter.
However, Justice Matanda-Moyo said Mphoko, just like any other citizen, should follow the normal procedures.
“If anyone is facing a charge, the various procedures apply as in any ordinary person and there is no need of writing letters addressing them to Zacc or anyone. If you are arrested, you simply have to cooperate by going to the police station and they record your warned and cautioned statement and thereafter you proceed to court. That is the proper and normal procedure not the procedure of writing letters,” she said.
Justice Matanda-Moyo said Mphoko is still a fugitive with anti-corruption officials pursuing him. “As far as we are concerned, Mphoko is still a fugitive of justice. We don’t have any other latest information on his whereabouts,” she said. Mphoko is being accused of criminal abuse of office after he allegedly unlawfully instructed some junior police officers to release from cells, former Zimbabwe National Road Administration (Zinara) acting chief executive, Moses Juma.
Juma was being charged with criminal abuse of office.
Mphoko, who reportedly resisted arrest on Friday at his home in Douglasdale, had initially agreed to meet Zacc officers at the Bulawayo Central Police Station.
His lawyers had gone to Zacc offices to submit his statement but the investigators demanded that he must appear before them.
That is when they agreed to meet at a neutral venue – a police station in the city.
On Monday afternoon, Mphoko indicated that he was now on his way to the police station for recording of his warned and cautioned statement.
Upon arrival at the station, Mphoko then drove off at high speed.
Allegations against him are that in 2016, while he was still Vice President, he stormed Avondale Police Station in Harare to release Juma.
Mphoko, during that time, threatened to beat up junior police officers at the station if they failed to comply with his demands.
Juma was later re-arrested and sentenced to two years in prison after being convicted of abuse of office.
According to court papers, on May 6, 2016, Zacc received a report of allegations of fraud and criminal abuse of duty against Zinara officials.
Investigations that ensued resulted in the arrest of Davison Norupiri and Juma. The two were charged with criminal abuse of duty and their warned and cautioned statements were recorded on July 12, 2016.
After the arrest, Juma and Norupiri were taken to Avondale Police Station the following day pending their appearance in court.
On the same day at around 6PM, Mphoko, who was at the time the Acting President, stormed the police station and ordered the immediate release of Juma and Norupiri from lawful police custody. The officer-in-charge complied with Mphoko’s order and released the two men before Mphoko drove away with them in his car.
It was stated that Mphoko acted in a manner that was inconsistent with his duties as a public officer.
The ex-Vice President resisted arrest on Friday at his Douglasdale house after dramatically refusing to co-operate with Zacc arresting officers whilst his wife Laurinda and daughter Siduduzo ordered the officials out.
A video of the incident has since gone viral.