Online Reporter
Yeukai Karengezeka-Chisepo
Court Correspondent
A CHINHOYI magistrate and a prison officer who were facing allegations of criminal abuse of duty have been acquitted at the close of the State case after the court found that the prosecution had failed to establish a prima facie case against them.
Kudzanai Mahaso (30) and Proud Nziramasanga (34) were facing the charges before Harare regional magistrate Mrs Marehwanazo Gofa.
The duo was represented by Mr Moffat Makuvatsine.
In acquitting the two, Magistrate Gofa upheld their application for discharge at the close of the State case, saying the prosecution had failed to prove its allegations to the required standard.
The court found that the State’s allegation that Mahaso was still presiding over the criminal case involving Emmanuel Gudo when the alleged misconduct occurred was not supported by evidence.
According to the court, Mahaso had completed presiding over Gudo’s case on November 27, 2025, while the allegations against the two accused persons were said to have arisen on November 29, 2025.
The court also noted that State witnesses had conceded during cross-examination that they were bitter over Mahaso’s decision to acquit Gudo.
Magistrate Gofa further found that the State had failed to properly establish the identity of the people who allegedly visited Farm 280, Chitomborwizi, on November 29.
There were material inconsistencies in the witnesses’ evidence, with the court noting that no peculiar physical features, clothing colours or heights had been given to distinguish the alleged suspects.
The vehicle allegedly used during the visit was also not properly identified, while a fourth person who was said to have been present at the scene was not identified.
The court also criticised the evidence of a police officer who testified, noting that he was not the investigating officer in the case against Mahaso and Nziramasanga, but had investigated the case involving Gudo.
Magistrate Gofa said the officer appeared not to fully understand court procedure, including the distinction between the role of the prosecution and that of the court.
The court also rejected the officer’s allegation that Nziramasanga had approached him seeking assistance for Constantine Gudo, who was at large.
The magistrate found that the allegation was not supported by evidence, noting that the officer had not taken steps to arrest Nziramasanga when the alleged approach was made. The court described the subsequent decision to arrest Nziramasanga as an afterthought.
The case arose from allegations linked to the prosecution of Emmanuel Gudo and Constantine Gudo over alleged contraventions of Section 97 of the Environmental Management Act.
The section relates to leaching for gold without an Environmental Impact Assessment report.
The State alleged that the matter emanated from activities at Farm 280, Chitomborwizi, in Zvimba district.
According to the allegations, Nziramasanga allegedly attempted to bribe public prosecutor Mr Brighton Machekera to influence the outcome of the case involving Gudo.
Mr Machekera allegedly rejected the offer and reported the matter to investigating officers, who subsequently established that Nziramasanga and Constantine Gudo had a longstanding friendship.
Nziramasanga was also accused of accompanying Constantine Gudo, who was wanted by police to face trial alongside Emmanuel Gudo, and allegedly asking investigating officers not to arrest him.
The State further alleged that on November 29, Mahaso, Nziramasanga and Gudo visited the mining site linked to the case for personal interests rather than as part of court proceedings.
While at the site, Nziramasanga allegedly threatened informants, claiming that he had influence within the court system and could manipulate court processes.
The State further alleged that on December 11, Mahaso acquitted Emmanuel Gudo in circumstances that were inconsistent with his duties as a public officer.
However, Magistrate Gofa said the State had failed to establish that Mahaso and Nziramasanga had visited Farm 280 on November 29 or that Mahaso had shown favour to Gudo.
The two were consequently acquitted at the close of the State case.
