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Nyore Madzianike
Senior Court Reporter
The remaining police officer charged for failing to arrest Pakistan businessman Ali Mohammed after he was implicated in last year’s gold smuggling attempt by Henrietta Rushwaya, yesterday applied for bail on the grounds that co-accused had be granted $30 000 bail.
For the second time within a month. Paul Chimungu, who is facing criminal abuse of office charges with Douglas Shoko, applied for bail before Harare regional magistrate Mr Ngoni Nduna, the application resting on changed circumstances, and in particular that Shoko recently was granted $30 000 bail.
Through his lawyer Mr Emmanuel Samundombe, Chimungu told the court that he should be treated equally and argued that, since he was on suspension, it would be difficult for him to interfere with investigations and witnesses and that in any case investigations were complete and he and Shoko were only waiting for their trial date.
“The first time he applied for bail was three months ago. The fact that suspension orders has been tendered along with this application constitutes a changed circumstance. Investigations have been completed. There is nothing that is outstanding from police in their investigations which might give a suggestion that the applicant will interfere with investigations or witnesses,” said Mr Samundombe.
For the State Mr Lancelot Mutsokoti said although he accepts that Chimungu was suspended at work, the State still fears that he might interfere with witnesses but he concurred that investigations were complete and the docket was with the National Prosecuting Authority for perusal and setting of a trial date.
“This is the second time that accused made application for bail citing changed circumstances. When he approached the court for the first time, we opposed that application.
“His suspension is not permanent and is therefore in a position to interfere with junior officers, who are witnesses.”
Mr Nduna is expected to make a ruling tomorrow.
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