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Nyore Madzianike
Senior Court Reporter
Law officer Arthur Bosha, accused of consenting to bail for suspected armed robber Musafare Mupanhanga without consulting his bosses, has indicated that he will approach the High Court, appealing against magistrate Mr Lazini Ncube’s decision to deny him bail.
Bosha’s lawyer Mr Stephen Chikotora, yesterday told The Herald that they would approach the upper court, appealing against Mr Ncube’s ruling.
“We will approach the High Court appealing against the ruling. We expect to file the appeal as early as possible,” said Mr Chikotora.
Bosha was yesterday denied bail after the court noted that there was overwhelming evidence against him and that he was likely to interfere with witnesses once freed on bail.
Through his lawyers, Bosha had argued that he was a man of fixed abode and a proper candidate for bail.
He told the court that his arrest was tantamount to criminal abuse of office by those who caused his arrest.
Bosha also said his arrest was a clear abuse of power by the prosecution and the police.
The State alleged that sometime in September last year, Bosha was allocated a bail application case involving suspected armed robber Mupanhanga by his superior and acting head of appeals Mr Edmore Makoto.
It is alleged that Bosha unilaterally consented to granting of bail to Mupanhanga without consulting his superiors.
In consenting to bail, Bosha is said to have disregarded standard operating procedures of the Attorney General’s Office (Criminal Division), which dictate that applications and bail alterations should be done through the Area Public Prosecutor or the Public Prosecutor in Charge in consultation with the Chief Law Officer.
According to basic procedures laid down in the November 16, 2020 all consents to bail by prosecutors are to be approved by their superiors.
The State alleges that Bosha showed favour to Mupanhanga, who was part of notorious gang of armed robbers led by Musa Taj Abdul.
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