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Daniel Nemukuyu Senior Court Reporter
JAILED former police assistant commissioner Gidion Baloyi corruptly facilitated the release of a man facing a US$21 000 fraud charge, it has emerged.
The top cop was imprisoned for nine months by Harare magistrate Mr Elijah Makomo last Friday when he was found guilty of putting the police force into disrepute through his actions.
Meanwhile, Mr Misheck Hogwe of Hogwe Dzimirai and Partners filed a notice of appeal against the magistrate’s decision to convict and sentence Baloyi.
While the appeal was pending at the High Court, Mr Hogwe yesterday approached the same magistrate seeking bail pending appeal.
Mr Makomo is expected to rule on the bail application today.
Baloyi, a senior staff officer at Police General Headquarters in Harare, was jailed for trying to protect Nevermind Kufakunesu.
Kufakunesu is a fraud suspect related to a female police inspector based in Chivhu.
Baloyi contravened paragraph 35 of the Schedule to the Police Act as read with Section 29 and 29(A)(1)(b) of the same law that makes it an offence for an officer to act in any manner likely to bring discredit to the police force.
He pleaded not guilty to the charge when the trial opened on Friday afternoon but was convicted on overwhelming evidence.
The case was heard in a courtroom at Morris Depot.
Baloyi abused his office when he instructed a detective inspector who was investigating a fraud case involving Kufakunesu not to detain the suspect.
Kufakunesu disappeared when he was released and detectives from Criminal Investigations Department Fraud Squad in Harare had challenges locating him.
Mr Makomo ruled that Baloyi’s actions bordered on corruption although a charge under the Police Act had been preferred.
He jailed Baloyi for an effective nine-months prison term after conditionally suspending three months.
Mr Makomo said Baloyi’s conduct tarnished the good name of the Zimbabwe Republic Police. He said a short and sharp prison term would meet justice in the case.
Mr Makomo said Baloyi failed to lead by example as a senior cop and broke laws he was mandated to enforce.
“The accused person is over and above a police officer, a senior officer, who should have led by example to the juniors in upholding the good name of the ZRP. However, he decided to act to the contrary.
“The circumstances of this case would even have sustained charges of obstructing the course of justice or abuse of duty. It is actually a case of corruption by a senior officer,” ruled Mr Makomo.
Mr Makomo noted with concern the financial prejudice that the complainant, Mr Batsirai Mupindu, suffered when the case was corruptly covered up.
“The court notes that this conduct has actually prejudiced a citizen of a huge amount of money in the circumstances where he looked up to the police to ensure that the culprit was brought to book,” he said.
Charges arose in 2012 when Baloyi received a phone call from Insp Mhlanga, Officer-in-Charge Chivhu Traffic, who said her relative was being charged for an offence that was purely civil at CID Fraud in Harare.
Baloyi advised Kufakunesu to bring a formal complaint to his office so that he could act on it.
Kufakunesu went to Police General Headquarters where he narrated his story to Baloyi. He was being accused of defrauding Mr Mupindu of dressed chickens valued at US$21 175,26.
Baloyi referred Kufakunesu to the investigating officer.
The investigator was instructed not to lock up Kufakunesu in the cells and he let him go. Kufakunesu was still at large at the time Baloyi was charged.
In his defence, Baloyi argued that he only got involved in the case when he received a complaint that detectives at Serious Frauds were demanding a bribe from Insp Mhlanga’s relative.
He said the matter was purely civil and did not deserve further attention.
Online Reporter