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Nyore Madzianike–Senior Court Reporter
THE State has called for a custodial sentence of six years against convicted former Permanent Secretary of Ministry of Mines Francis Gudyanga saying he demonstrated a high degree of dishonesty and failed to show remorse for his misdeeds.
Mr Tapiwa Godzi and Mr Michael Chakandida, prosecuting, said out of the six years, three should be set aside on condition of good behaviour.
They said community service and or a fine would trivialise the offence.
“Corruption is cancerous and thus should be eradicated from society. A message should be sent that courts do not condone corruption,” said the State in its aggravating submissions.
Gudyanga was convicted of claiming US$29 000 in sitting allowances from the Minerals Marketing Corporation (MMCZ) of Zimbabwe board during the time it had been dissolved in 2013.
Mr Godzi and Mr Chakandida said Gudyanga’s punishment should send a clear message to would be offenders, especially public officials involved in corrupt activities.
“Corrupt practices by a public officer are by their nature serious. The accused was in a position of authority. It was his duty to ensure that the operations of public entities such as Minerals Marketing Corporation of Zimbabwe were undertaken lawfully and in terms of the relevant rules and regulations.
“He had an obligation to uphold the law as the accounting officer and to exhibit impeccable honesty and integrity.
“The accused rather demonstrated a high degree of dishonesty in his capacity as the Permanent Secretary.
“He is not even contrite and kept on changing his version of the story,” they said.
The State said Gudyanga, in his defence outline, admitted that he received the money for the work he said he did on behalf of the board, then dramatically changed and asserted that he never received any money.
“This shows that he was not being honest with the court. He showed no remorse or contrition,” said the State.
The State claimed the country’s economy was in its current situation because of corrupt officials.
“We are where we are in terms of economic performance because of corruption by public officers. In this case, the accused’s moral blameworthiness is very high in that he abused his position of authority and benefited from the proceeds of the offence.
“This was not expected especially from senior citizens of the country. When the offence was committed, the accused was in his sixties. He was supposed to set a good example to the young generation,” said the State.
The State said corruption should be viewed with abhorrence and called for imprisonment.
“Any form of corruption is rightly viewed by the courts with abhorrence. It is a dangerous and insidious evil in any country, particularly in a developing one. It is difficult to detect and more so to eradicate.
“If unchecked or inadequately punished, it will disadvantage society by depriving it of good, fair and orderly administration,” said the State.
In mitigation, Gudyanga, through his lawyer Mr Norman Mugiya, expressed willingness to repay the money he duped MMCZ and begged for a fine, as his punishment.
He said he was of old age and would possibly die in jail.
“The accused is now aged 75 years old and he is clearly an senior citizen who will be broken down by a custodial sentence.
“This is a case where the sentence which meets the offender should be a non-custodial sentence. It is proposed that the court considers a suspended prison term coupled with a fine.
“The accused is prepared to pay restitution of the monies which are said to have been paid to him by MMCZ.
“He will pray that he be given time to pay the said restitution and a fine,” said mr Mugiya.
Gudyanga said he could also perform community service at any Government institution citing ill-health as another factor.
“He has been in and out of hospital. The conditions in prison will definitely be a death sentence to him. He suffers from a heart condition which is cancer related and requires persistent medication,” he said.
He also urged the court to consider that the monies were paid to him at the instance of his superior and employer.
“He did not steal the money nor took it by force or through uncouth means but the monies were approved to him for the duties he executed which were the duties of the functions of the board of MMCZ.
“It will be unfair to punish him as if he cheated his employer and demanded monies which were not due to him. The position for which he was paid for was appointed by the employer and he did not employ himself.
“The accused carried out his duties in terms of the mandate given to him by his employer and was remunerated in terms of the consideration which was made by his employer,” said Mr Mugiya.
Gudyanga said the court should treat him with leniency since he served the Government for 35 years.
“The accused served government for over 35 years and has been loyal to Government over these years and surely that should be an incentive to him. He is currently not employed,” he said.
Gudyanga is expected back in court tomorrow for sentencing.
Online Reporter