TWO commissioned police officers have been warned about defeating the course of justice.
Inspector Gwarada and Inspector Kanyemba, who are stationed at Southlea Park Police Station, were accused of having dined with an accused person, Constance Makumbe.
They are also accused of threatening junior police officers to release her without appearing in court.
In a note addressed to Southlea Park Police Station officer in charge, dated July 28, 2023, the National Prosecuting Office said there were a number of anomalies.
“It is not in dispute that the complainant (Jimson Nyasara) reported a case of extortion against the accused.
“Entry 9 in the docket depicts that the investigating officer was advised by Harare magistrates court to arrest the accused person and, from my further reading, the accused person was arrested.
“What is weird in this case is that a call was said to be made by Insp Gwarada ordering the investigating officer to proceed to Victim Friendly and hand over the accused to Insp Kanyemba.
“I wonder which procedure was adopted by Insp Gwarada.
“The accused was supposed to be warned, cautioned and brought to court.
“This was not done, the accused is giving a torrid time to the investigating officer as she is now refusing to come to court.
“I am of the view that the actions of Insp Gwarada and Kanyemba amount to obstruction of justice.”
Added the note: “Our Constitution is very clear in Section 56 of the Constitution that all persons are equal before the law and have the right to equal protection and benefit of the law, women and men have the right to equal treatment.
“The facts that there are two dockets, a rape one and extortion means that all the complainants must be given the opportunity to be heard by the court without any interference.
“The actions of Insp Gwarada deprived the complainant, in the extortion case, a right to be heard and get justice as the accused is refusing to answer calls and proceed to court.
“She is doing so because she has the protection of Insp Gwarada and Kanyemba.
“Police officers must be professional and impartial in executing their duties, showing favour to any party amounts to criminal abuse of office.”
Constance, who is now on the run, was reported to have demanded US$10 000 from Nyasara, who is a traditional healer, or she would lodge a rape case against him.
She was arrested for extortion but was released without appearing in court.
The two commissioned police officers were reported to have received orders from an Assistant Commissioner, stationed at Harare Central Police Station, who is believed to be related to Constance.
She went on to make a counter report against Nyasara, accusing him of raping her and the traditional healer was arrested and appeared in court.
Constance failed to appear in court for the rape case as well as for the extortion case.
Nyasara will now appear in court by way of summons since the complainant in the rape case, Constance, never showed up.
She is concerned she might be arrested for extortion.
Nyasara reported the case at Southlea Park Police Station, under CR 174/5/23.