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Fungai Lupande Court Reporter
A Central Intelligence Organisation (CIO) operative stationed at Parliament Building in Harare was acquitted on charges of extorting $10 000 from a Kenyan national using the name of former Home Affairs Minister Cde Kembo Mohadi. Harare regional magistrate, Ms Fadzai Mthombeni, cleared Zvikomborero Walter Ngorima of criminal abuse of duty as a public officer or alternatively extortion.
He was discharged at the close of the State’s case. Ms Mthombeni ruled that the State failed to prove a prima facie case against Ngorima. “There was no evidence to prove essential elements of both the main and alternate charges and therefore the application is granted and accused is indeed discharged at the close of the case and acquitted on both main and alternate charges,” she said.
“There was also no evidence on which reasonable court acting carefully could convict, and lastly this is a case where the evidence adduced on behalf of the state is so manifestly unreliable that no reasonable court could safely act on it.
“Indeed, it will not be judicious for this court to place the accused on his defence to bolster the State case.” It was alleged that on June 30 this year, Mr Timothy Waweru (39) flew into the country on a 30-day visit.
The following day, Ngorima allegedly visited Mr Waweru at his residence and demanded to see his brother-in-law identified as Mr Benjamin Masyuku. It was alleged that Ngorima was advised that Mr Masyuku was in the United States.
Ngorima allegedly misrepresented to Mr Waweru that he was coming out of a lengthy meeting with Minister Mohadi and his deputy Cde Ziyambi Ziyambi. The court heard that Ngorima said the two ministers were furious that Mr Masyuku had failed to honour his promise to give them $10 000 for facilitating his return to Zimbabwe following his deportation in 2013.
It was further alleged that Ngorima also told Mr Waweru that Mr Masyuku owed a lot of people money which was supposed to be deposited into his account. Ngorima allegedly threatened Mr Waweru that he would be deported back to his country or would be sent to prison if he did not give him the money.
Online Reporter