Kwekwe magistrate loses appeal

Paidamoyo Bore

FORMER Kwekwe resident magistrate, Story Rushambwa, has had his appeal against conviction and sentence for criminal abuse of office dismissed by the High Court.

Rushambwa (50) was sentenced to 30 months in prison, with 15 suspended.

Clerk of court, Bright Mpiyabo (47), was given 15 months, with six months suspended. The two men were convicted in August last year for fraudulently releasing an impounded vehicle.

They had pleaded not guilty to criminal abuse of office as public officers.

High Court judges, Justices Benjamin Chikowero and Pisirayi Kwenda, said the State had proved that Rushambwa was not authorised to deal with the matter, as he was actually on leave at the time.

“As observed by the lower court, the sequence of the events on the day in question justifies the interference drawn that both appellants were guilty.

“The first appellant was on leave.

“Being on leave means that a judicial officer is not allowed to handle fresh matters unless authorised by the head of the station,” the judges ruled.

In October 2019, a Toyota Hilux was impounded by the police anti-corruption unit as an exhibit, after it was fraudulently imported.

It was held at the Zimra Kwekwe offices.

The owner of the vehicle, John Mapurazi, applied for its release in December 2019.

Mpiyabo withheld the record relating to the application and, on December 31, 2019, submitted it to Rushambwa, who was on leave.

Rushambwa granted a final order for the release of the vehicle to Mapurazi.