Public prosecutor under fire

Blessings Chidakwa in Kadoma
Kadoma District public prosecutor Ms Gracious Chaminuka is under fire with residents calling for the immediate transfer of their cases to Harare over alleged gross incompetence, corruption and tampering with court papers.

Some cases, according to allegations, have gone for close to a year without going to trial.

The Mashonaland West provincial prosecutor’s office has since ordered Ms Chaminuka to respond to the allegations.

In correspondence to Ms Chaminuka, provincial public prosecutor Mr Whisper Mabhaudhi acknowledged receiving complaints against the legal officer.

“The complainant (Reverend Kefias Mujokeri) approached my office expressing unhappiness over the delay in finalising this case CR/96/10/18. Please try to start the case on the 26th of April 2019. If there are any issues let me know so that I can visit your station and attend to them,” he said.

The case, however, suffered a false start, according to documents in The Herald’s possession.

According to a letter addressed to the National Prosecuting Authority signed by Mujokeri family members — Kefias, Tanaka and Tanatswa — referenced “The complaint against suspectedly (sic) consistent corruption done by Chaminuka’s office under Kadoma Magistrate Courts” case papers disappeared before trial.

“On the 5th of November 2018, the investigating officer, one Makamba, advised me verbally of the court date and when we went to court surprisingly the other papers which were attached to the docket CR96/10/18 were missing and the DPP Chaminuka told me that the docket would be returned to Rimuka Police Station and the IO would again take it to court.

“This process took almost the entire November and December 2018, but nothing materialised though repeatedly went to further inquire from both the DPP (district public prosecutor) and IO (investigating officer), now Rugwaro, about progress of the case,” the family alleges.

Another complainant, Mrs Moreblessing Mudzutu, wrote a separate letter directed to Mr Chaminuka and copied to the Kadoma Resident Magistrate and the National Prosecuting Authority, appealing for transfer of her case CR40/12/18 from Kadoma to Harare or Mbare Magistrates’ Courts.

Mrs Mudzutu accused the Kadoma Public Prosecutor’s Office of underhand dealings.

“I was told my docket was missing. When the docket was found I noticed my original statement had been changed and the docket was sent back to the police for restatement after I had given pressure to the prosecutors that I will not testify with my statement tempered,” she said.

Mr Julius Muumba, also alleged unfair handling of his case at Kadoma Magistrates’ Courts after an accused person who stabbed him was sentenced to community service after prosecutors allegedly tampered with the charge.

Ms Chaminuka could not be immediately contacted for a comment yesterday.

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