adminMr Brighton Matikiti had his two top-of-the range vehicles – a Mercedes Benz and a Land Rover Freelan-der – impounded by the police acting on information that they had been smuggled into Zimbabwe.
The application for contempt was filed amid unconfirmed reports that the vehicles have since been auctioned for a song. Police Commissioner General Augustine Chihuri, Officer in charge Southerton Inspector
Simelele Masendu and a detective called Tanyanyiwa Mangena are cited as respondents in the case.
However, Mr Matikiti chose not to seek any order against Comm-Gen Chihuri. He is seeking the imprisonment of Insp Masendu and detective Mangena for a period of six months for defying the court order.
The trial failed to take off yesterday after lawyers for Mr Matikiti requested for time to study the police’s heads of argument that they received late.
Justice Andrew Mutema deferred the hearing to next month in his chambers. Chief law officer Mr Chris Mutangadura is acting for the police while P Chiutsi law firm is representing Mr Matikiti.
Mr Matikiti bought the vehicles from Mr Felix Nyirenda. Police impo-unded the vehicles on suspicion that they had been smuggled into the country. According to the application by Mr Matikiti, he obtained an order from the High Court in August last year, which directed police to release those vehicles to him.
“According to the order of August 5, 2011, the respondents were ordered to release the vehicles specified in the order,” he said.
Although the police were served with the order they have not complied.
The legal advisor of the police based at the Police General Headquarters Mr Maodzwa is alleged to have taken over the issue. Mr Matikiti stated in his application that the police informed his lawyers that they had
already filed an application for rescission of the judgment.
“In any event Mr Maodzwa as a legal advisor must have properly advised them that an application for rescission of judgment does not entitle them to disobey the order they seek to rescind,” he said.
“The real motive for the respondents’ conduct has become apparent after I received some information that the respondents, after forfeiting the vehicles, conducted some auction and the vehicles were sold for ridiculous amounts of US$150 or US$250 to some high-ranking police officers. I have not been able to verify this information though,” he said.
Police Comm Gen Chihuri has since filed his papers defending the force’s position. According to police records, Comm-Gen Chihuri stated, the vehicles were stolen from the United Kingdom and smuggled into Zimbabwe.
He added that it was not legally correct for them to be released to Mr Matikiti. It is the police’s contention that the vehicles should remain in their custody for use as exhibits until the criminal case involving the vehicles is completed.
“There is reasonable suspicion that the vehicles in question are the subject matter of the criminal prosecution,” said Comm-Gen Chihuri.
“The suspects are facing charges of smuggling and fraud. As such, there is substance in the respondents’ contention that the vehicles which were stolen in the UK and smuggled into Zimbabwe without proper registration cannot lawfully pass to any person unless they are forfeited to the State.”
He maintained that the police had since filed an application for rescission of the judgment.
Giving the vehicles back to Mr Matikiti, Comm Gen Chihuri said, would be encouraging theft, fraud and smuggling through judicial condonation.
Online Reporter