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Shamiso Dzingire Court Reporter
A BULAWAYO magistrate has ordered a police prosecutor not to handle a theft case in which a police officer is a suspect as this could result in an unfair trial.
Magistrate Tawanda Muchemwa ruled in favour of Felix Sangu, a police officer stationed at Hillside Police Station who is facing theft charges.
Muchemwa, a canteen manager at the police station is alleged to have stolen cash and stock worth $1, 651,89 from the station canteen.
Sangu will now be prosecuted by a civilian prosecutor after his lawyer applied for one.
Granting the application on Tuesday, Muchemwa said Sangu was not likely to get a fair trial if the matter was handled by a police prosecutor.
“There seem not to be any reason in pursuit of justice for this matter to be handled by a police prosecutor. To allay the accused’s fears that if this matter is handled by a police prosecutor, he is likely not to get a fair trial given that most, if not all, of the state witnesses are police officers of a senior rank and there is a likelihood of them trying to influence in the long run, prejudicing the accused. Application for recusal of police officers be and is hereby granted. Accordingly, the matter is deferred to June 30 for commencement of trial,” said the magistrate.
In his application, Sangu, through his lawyer Byron Sengweni of Mcijo Dube and Partners argued that if the matter was handled by a police prosecutor, he was likely to be prejudiced.
“Everybody else involved in this matter from the prosecutor to the witnesses whom the state intends to use are police officers, some more senior than any police prosecutor attached at the Bulawayo Magistrates courts,” said Sengweni.
“The accused feels that he could be prejudiced. We beg the court to postpone the matter to any date pending civilian prosecution.”
Recently, Prosecutor General Johannes Tomana defended the hiring of police officers by the National Prosecuting Authority saying that they have adequate training and are competent in the delivery of justice.
Tomana said police prosecutors were very competent and accounted for 40 percent of the public prosecutors in the country’s legal system.
The Zimbabwe Lawyers for Human Rights (ZHLR) is campaigning against the hiring of police officers to work as prosecutors at the Magistrates Courts.
In its June 22 newsletter, the ZLHR argues: “To allow them (police) to prosecute these same crimes that they investigate is a breach of the separation of powers doctrine. Further, such police prosecutors report, through a hierarchical structure, to police officials. They cannot be expected to also report to the Prosecutor General as this is a conflict and it will not be clear where their allegiance lies.”
Meanwhile in Sangu’s case prosecutor, Munyonga Kuvarega said during the period between February 2 and 22 this year, the police officer absented himself from duty without handing over the canteen cash, stock and records.
He said on February 19, a spot check was conducted at ZRP Hillside Canteen.
“It was established that the total of stock valued at $1,260, 76 was not entered into the stock sheet, change valued at $287 not receipted or banked and empties valued at $121,40 were missing,” Kuvarega said.
The court heard that Sangu failed to account for the missing stock and cash when he reported for duty on February 27.
The total value of the stolen goods is $1,651,89 and $265 was recovered.
Online Reporter