Online Reporter
Prosper Dembedza
Herald Correspondent
HARARE regional magistrate Ms Marehwanazvo Gofa has acquitted senior medical doctors Rose Kambarami and Zindoga Bungu, who are the Medical and Dental Practitioners chairperson and vice-chairperson, on charges of criminal abuse of duty due to lack of evidence.
Kambarami and Bungu, who were represented by Paidamoyo Brian Saurombe were acquitted after a full trial.
The two were accused of authorising the release of more than US$7 000 to pay legal fees for their colleague Collen Benyure, who had been arrested.
Magistrate Mrs Marehwanazvo Gofa acquitted the two, saying they acted according to what the board had agreed, and this was in good faith since the decision had been endorsed by the board.
Magistrate Gofa also ruled that the witnesses who testified in court also supported what the duo said in their defence, and hence the State failed to prove a case against them.
The court also found no criminal intent in releasing the money after the board agreed that Benyure would pay back the money if he were convicted.
The magistrate ruled that both accused were acting in good faith, and the court can do nothing in finding the accused guilty.
Mrs Gofa said there was no intention of criminal abuse, and the accused persons are given the benefit of the doubt.
“Their defence is believable, and they are all found not guilty and acquitted,” Magistrate Gofa ruled.
The State had indicated that on December 17, last year, Benyure was arrested by detectives and appeared at Harare Magistrates’ Court charged with perjury.
On March 3 this year, the State had claimed Kambarami and the council’s vice-chairperson Zindoga Bungu, allegedly connived and resolved that the council would pay Benyure’s legal fees.
It was alleged that as a result of the resolution by the two, the MDPCZ finance department withdrew US$4 120 and US$3 690,99 was meant to reimburse Benyure’s legal fees, which he had incurred as a result of the case
The State had further alleged that this was done against resolutions of the council’s meeting and special council meetings held on January 9 and 15, which resolved that Benyure should be responsible for his legal costs.
The State also alleges that this was contrary to the provisions of the Public Finance Management Act Regulations and also contrary to her duties as a public officer with the intention of conferring an undue benefit to Dr Benyure.
Benyure was charged for using the council’s money to pay his US$200 bail.
The State alleges that after his appearance in court last year, he used his position as the acting registrar and instructed his subordinate, Filistas Chari, the administrator at the council, to give him the US$200 from the council’s funds to deposit bail.
Chari forwarded the directive to the finance office, which handed over US$200 to Tendai Chinyama, who delivered it to the accused at Harare Magistrates Court.
The State further alleged that this was contrary to the Public Finance Management Act Regulations, as the money was taken from Council funds.
The State says to date the money has not been reimbursed, which is contrary and inconsistent with his duties as a public officer.
