Paul Pindani in Chinhoyi
The officer commanding, Zimbabwe Republic Police , Mashonaland West province, Assistant Commissioner Coneli Dube, has appeared in court.
Dube first appeared before magistrate Ignatius Mugova who recused himself from the case for professional reasons.
Provincial magistrate Ruth Moyo presided over the case.
Dube was charged with one count of Criminal Abuse of office.
The complainant is the state.
Prosecuting Teveraishe Zinyemba told the court that on February 13 2021, Detective Assistant Inspector Moses Million , Detective Assistant Inspector Newton Musende, Detective Sergeant Never Muchekayawa and Detective Constable Justice Mapfanya who are members of CID Law and Order Chinhoyi, were arrested for Criminal Abuse of duty as defined in Section 174 of the Criminal Law ( Codification and Reform) Act , Chapter 09:23 after extorting money from Washington Ongorani.
A criminal docket under ZRP Chinhoyi Central CR 48/02/21 was compiled by Chief Inspector Elymas Silivani who sent it to court for set down on February 16 and prosecutor’s reference number A225/21 was opened.
On March 2 , Mrs Gutu a Public Prosecutor at Chinhoyi Magistrate’s Court returned the docket to the police station with instructions.
The Prosecutor also instructed the investigating officer to return the docket to court on or before March 19 for prosecution.
On March 15 , Dube instructed Superintendent Ruwanda to bring the dockets to his office where he then instructed him to ignore the instruction from the Public Prosecutor and ordered him to lock away the docket in the District office safe until further instructions.
It is on the same day that Chief Superintendent Elliott Magomo was informed of the incident and went to the office of Dube to enquire as to why the docket was being locked away in a safe instead of being returned to court for prosecution.
Dube told Chief Superintendent Magomo that the instructions he gave to Superintendent Ruwanda were coming from top offices and he should also comply without asking questions.
As a result of Dube’s actions Washington Ongorani started complaining about the way in which the case was being handled.
On May 13 Chief Superintendent Magomo wrote a letter to Dube informing him of the complaint from Ongorani and the deadline given by the Public Prosecutor which had lapsed.
Dube responded to the effect that there was no need for any action to be taken and that Magomo was to comply with his instructions.
The court further heard that when Dube withheld the docket, he acted contrary and inconsistent with his duties.
He showed favour to Million, Musende, Muchekayawa and Mapfanya and disfavored Ongorani.
Zimbabwe Anti Corruption Commission ( ZACC) Senior Investigations officer Patrick Madiye opposed granting of bail to Dube citing that there is a likelihood of him absconding as he is facing a serious offence with overwhelming evidence of which if convicted he will face a custodial sentence.
He said Dube is in a position of authority and control of the province and he might influence or intimidate some of the witnesses who are his subordinates.
Dube in his bail application submission, pleaded with the court to surrender his traveling documents.
Magistrate Moyo denied Dube bail and remanded him to October 6 2021.
Moyo denied bail citing that Dube was a flight risk and might interfere or intimidate witnesses who are his subordinates.
He was advised to apply for bail at the high court.