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Daniel Nemukuyu Senior Reporter
The High Court has postponed to Friday a bail appeal by jailed police assistant commissioner Gideon Baloyi to allow the transcription of a Harare magistrate court’s record of proceedings in which the top cop was convicted and sentenced.Law officer Mrs Sharon Fero said the handwritten record was illegible and that the State required a transcribed one in order to prepare a bail response.
Baloyi, who was a staff officer at the Police General Headquarters in Harare, was convicted and sentenced to nine months in jail for putting the name of the police into disrepute through his actions.
He was found guilty of corruptly facilitating the release of a fraud suspect through an instruction to a junior officer.
Justice Esther Muremba today postponed the case to Friday.
In the bail application, Baloyi says he is being persecuted for unearthing corruption by senior officers.
A fortnight ago, magistrate Mr Elijah Makomo jailed Baloyi for trying to protect Nevermind Kufakunesu accused of swindling a local businessman Mr Batsirayi Mupindu of chickens worth US$21 000.
Kufakunesu is related to a female police inspector who heads Chivhu Traffic Section.
Harare lawyer Mr Misheck Hogwe of Misheck Hogwe of Hogwe, Dzimirai and Partners, on behalf of Baloyi, said the court must allow his client to substantiate his persecution and corruption claims.
After Baloyi’s sentence, Mr Hogwe filed a notice of appeal against the magistrate’s decision to convict and sentence Baloyi.
While the appeal was pending at the High Court, Mr Hogwe unsuccessfully applied for bail pending appeal before Mr Makomo on Wednesday last week.
It was dismissed.
Mr Makomo held that there were no prospects of success in the appeal against conviction and sentence by Baloyi.
That prompted Mr Hogwe to mount a fresh High Court application challenging the dismissal of bail pending determination of Baloyi’s appeal against conviction and sentence.
In the bail appeal Baloyi argues that Mr Makomo did not give reasons for his refusal of bail.
Baloyi also argues that there were high prospects of success in his appeal against conviction and sentence and that he should be freed on US$100.
He alleges that the magistrate did not consider his submissions in the bail application.
The State allegations, according to Baloyi’s lawyers, were that he instructed Detective Assistant Inspector Masara of CID Frauds to release the suspect, but on trial, Masara was never called to testify.
Masara, according to Baloyi, instead testified as a defence witness cleansing the top police officer of any wrongdoing.
Baloyi also argues that the court did not consider the “overwhelming mitigating factors” he gave before imposing a “severe and shocking” penalty.
When the trial opened Baloyi pleaded not guilty to the charge but was convicted after a full trial.
Baloyi abused his office when he instructed a detective not to detain Kufakunesu who was facing fraud charges.
Kufakunesu disappeared when he was released and detectives from Criminal Investigations Department Fraud Squad in Harare had challenges locating him.
Mr Makomo ruled that Baloyi’s actions bordered on corruption although a charge under the Police Act had been preferred.
Mr Makomo said Baloyi’s conduct tarnished the good name of the Zimbabwe Republic Police. He said a short and sharp prison term would meet justice in the case.
Mr Makomo said Baloyi failed to lead by example as a senior cop and broke laws he was mandated to enforce.
Mr Makomo noted with concern the financial prejudice that the complainant, Mr Mupindu, suffered when the case was corruptly covered up.
Online Reporter