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RUSAPE prosecutor James Abraham Wirima is finally a free man.
Wirima, who was at the centre of a bribery storm that saw him languishing in remand prison for almost a month – was acquitted by Mutare magistrate Ms Sekesai Chiundura, last Friday.
He was facing two counts of criminal abuse of public office charges as defined under section 174 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 or alternatively an offence of bribery as defined under Section 170 (1) (a) of the same Act.
In the first count Wirima allegedly demanded $520 from Arnold Hatinahama Tenderere, while in the second it was alleged he demanded a bribe of $250 from Watson Masikati to withdraw charges against Liberty Masikati.
Wirima, who was represented by human rights lawyer, Mr Passmore Nyakureba, of Maunga, Maanda and Associates Legal Practitioners, denied the charges.
Wirima said he was being maliciously prosecuted at the instigation of some of his colleagues at the National Prosecuting Authority at Rusape Magistrates’ Court, whom he accused of deliberately fishing for complainants and acting in cohorts with police against him as evidenced by failed attempts to trap him with money.
Ms Chiundura said the State, led by Mr Malvin Musarurwa, failed to prove its case beyond reasonable doubt as there were too many glaring inconsistencies in the evidence led by its witnesses Tenderere, Masikati, Lazarus Bonde, Given Mudzibwi, Shuvai Chisuko, Basel Rusere, Brighton Tenderere, Detective Inspector Stephen Nyamupfukudza, Det Asst Insp Gift Mazano and Endless Tenderere.
Ms Chiundura also noted that an attempt to trap Wirima by police failed to materialise as the “trap money” never got to him and was not recovered.
Ms Chiundura also said police failed to properly investigate the case as they could not adduce in court evidence to prove that the accused has been contacting the complainants and witnesses at different points of committing the offences.
She suggested that police should have easily got a print out of his calls from service providers.
Ms Chiundura also said police also failed to record statements from key witnesses who names and involvement featured prominently during trial.
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