‘Only NPA can decide on withdrawal of court cases’

Nyore Madzianike Senior Court Reporter

THE State has the sole responsibility to decide whether to prosecute or withdraw criminal charges before trial or when the trial is in progress, and those who were regarded as the victims or who made the initial reports do not have this right, the National Prosecuting Authority (NPA) has reminded complainants who offer to withdraw.

The position is different in a civil case, which is always a private matter, where the person suing another can withdraw the suit. But in a criminal case the NPA once it is reasonably sure that a crime has been committed and evidence is available must prosecute, as crime is not a private matter, but something that affects everyone.

The NPA said matters cannot be withdrawn at the instance of anyone involved in a criminal matter, especially complainants in the matters. Complainants will be asked to appear in court as witnesses, but with no other role, and with the NPA assuming full responsibility for the trial.

NPA spokesperson Ms Angeline Munyeriwa said the authority decided to clarify the issue following public outcry on how some matters were withdrawn at court.

“When the matter is brought to court, the National Prosecuting Authority assumes full responsibility for the matter and the complainant remains a witness for the State in the criminal proceedings.

“This means that it is only the State which has the authority to withdraw charges at any given point.

“The National Prosecuting Authority does not withdraw charges at the instance of victims of crime,” she said.

Ms Munyeriwa urged the public to note that when crimes are committed, they are not committed to victims only, but also to the State, that is the collectivity of all citizens.

“Therefore, once an individual files a report with the police complaining of certain criminal conduct that has been perpetrated against them, the complainant becomes a witness for the purposes of the criminal investigation by the police and the subsequent prosecution by the National Prosecuting Authority.

“When the matter is brought to court, the National Prosecuting Authority assumes full responsibility for the matter and the complainant remains a witness for the State in the criminal proceedings. The complainant is a witness for the State.”

In legal terms the State remains the master of the criminal matter.

“This means that it is only the State which has the authority to withdraw charges at any given point.

“The National Prosecuting Authority does not withdraw charges at the instance of victims of crime,” she said. Ms Munyeriwa said withdrawal of any criminal matter is done by the Prosecutor General through a prosecutor before the charged person appears in court or is already being prosecuted.

“The National Prosecuting Authority has the power to decline to prosecute a matter even before it is taken to court. The victim of crime does not have the authority to withdraw a matter despite the fact that they now feel differently about the case, the perpetrator or the circumstances surrounding the commission of the offence,” she said.

Ms Munyeriwa indicated that criminal cases are rarely withdrawn and only after an informed position. Only the Prosecutor General can withdraw cases and such withdrawal is informed by due diligence.

“The full facts of the matter have to be considered against the evidence, the law and the prosecutorial guidelines before a decision is made,” she said.

Ms Munyeriwa said the process is conducted to encourage victims to act in good faith and to maintain the integrity of the criminal justice delivery system.