Prosecutor in the dock

who were facing theft charges involving cotton bales valued at US$75 000.
Shingirai Nyengere (26) has since been arrested and appeared before a Harare magistrate facing two counts of criminal abuse of duty as a public officer.
He was not asked to plead when he appeared before Mr Shane Kubonera who remanded him out of custody to June 1 on US$200 bail.
Prosecutor Ms Vernancia Mtake told the court that on September 8 last year, Nichodimus Dzutiro and Selemani Manweki were arrested in connection with theft of cotton bales worth US$75 000.
The duo allegedly admitted commiting the crime in their warned and cautioned statements.
They were taken to Mt Darwin Magistrate Court where Nyengere vetted the docket.
The prosecutor was allegedly satisfied that there was sufficient evidence for plea recording and opened a court record.
Instead of having the suspects tried or placed on remand, Nyengere, reportedly instructed his subordinate Mr Jack Chirimuuta to have the matter withdrawn before plea and proceed by way of summons.
It is the State’s case that Chirimuuta acted upon the instruction and magistrate Ms Gertrude Muyenyoso granted the State application and freed Dzutiro and Manweki.
It is alleged that Nyengere returned the docket to the police after indicating on it that the matter had been withdrawn before plea.
On October 17, the police referred the docket back to court and Nyengere signed for it since he was expected to set a trial date.
The court heard that Nyengere instead of referring the matter for trial concealed the docket in a bid to prevent the trial.
It is alleged that the trial of the duo failed to commence because the original docket containing important evidence was missing.
Police investigations led to Nyengere’s arrest.