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Nyore Madzianike
Senior Court Reporter
LAW officer Arthur Bosha, accused of consenting bail to a suspected armed robber without consulting his bosses, yesterday told the court that his arrest was a “blatant abuse of prosecutorial and police powers”.
In his bail application, Bosha said his arrest proved a total criminal abuse of office by the authorities that caused his arrest, which he said should come to an end.
Bosha said the police have since assumed a big brother role in the justice delivery system where they are arresting people discharging their duties.
Through his lawyers Mr Admire Rubaya and Stephen Chikotora, Bosha said his prosecution on criminal abuse of office charges set a bad precedent in the justice delivery system.
“The National Prosecuting Authority has a code of conduct which guide prosecutors,” said Mr Rubaya. “There is also National Prosecuting Authority general principles where it was clearly stated on how they are supposed to deliver their duties.
“The accused asserts that his arrest is a clear abuse of office by those who cause his arrest. He asserts that as Public Prosecutor he is guarded by the code and general principles. He also asserts that it sets a very bad precedent.
“He wants to clear his name and this is clear and brazen abuse of prosecutorial and arresting powers. These people should know that their powers end and should be under the armpit of law.”
Mr Rubaya said if such arrests were not stopped, judges and magistrates risked being called by police to give explanations on decisions they would have made on similar cases.
“If this goes on like this, the whole magistrate or judge will find himself seated on the floor at Central Police explaining to the police,” he said. “This is clear abuse of prosecutorial and police powers.”
Mr Rubaya, while cross-examining the investigating officer Chief Inspector Vengai Sibanda, said Bosha’s arrest was a confirmation of word doing rounds that businessman Alex Mashamhanda, known as Mashwede, was boasting that he will deal with prosecutors who handled the armed robbers’ bail cases.
Some of the suspected armed robbers are believed to have robbed Mashwede of US$100 000 sometime last year.
The State led by Mr Lawrence Gangarahwe said Bosha’s employer concurred with the police that he committed an offence when vetting his docket.
“Dockets undergoes vetting and it is the accused’s employer who concurred with police that accused committed the offence,” said Mr Gangarahwe. “It has not been refuted that accused did not follow laid down procedures.”
The State opposed Bosha’s bail, saying he was likely to interfere with investigations and that he was likely to abscond.
Magistrate Mr Lazini Ncube is set make a ruling today.
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