State wants lawyer’s bail revoked

Nyore Madzianike Senior Reporter

THE State on Tuesday applied for the revocation of bail granted to Harare lawyer Tapiwa Makanza because by declining to give contact details of a potential witness whom the police say is a fake person, he breached his bail conditions.

Makanza, who was jointly charged with Joshua Chirambwe, is alleged to have created a fictitious character, Simbarashe Zuze, to produce an affidavit when challenging the appointment of Mr Kumbirai Hodzi as Prosecutor General. But when police phoned the number given as Zuze’s, the phone was answered by Makanza who told the police that Zuze was needed as a defence witness and was not available for interview.

This, the police regard as interfering in their investigations, and thus a breach of the bail conditions. Makanza was freed on $20 000 bail and ordered not to interfere with witnesses and investigations in his initial appearances.

State counsel Mr Michael Reza told the court on Tuesday that the investigating officer, Detective Chief Inspector Erasmus Mazhawidza, had told him that Makanza was interfering with investigations, which was in violation of his bail conditions, and had a sworn affidavit to that effect.

Mr Reza then called the investigating officer to testify in court on how Makanza was interfering with investigations.

In his testimony, Detective Assistant Inspector Mazhawidza said he had called the number given as the contact number for Zuze on June 18 and the call was answered by Makanza.

“He told me that I had no right to interview him since they wanted to use him as their defence witness,” he said.

Det Asst Insp Mazhawidza told the court Makanza then wrote him a letter saying they should stop looking for Zuze as he was a defence witness in the matter.

Makanza, who was being represented by lawyers Obey Shava and Paida Saurombe, during cross-examination questioned Det Asst Insp Mazhawidza on why police insisted on interviewing Zuze, whom the police during investigations said was a fictitious character.

Mr Shava told the court that Zuze was profiled by the police and had 15 samples of his signatures recorded at the CID Law and Order.

Harare regional magistrate Mr Ngoni Nduna deferred the matter to tomorrow for continuation of Det Chief Insp Mazhawidza’s cross-examination by Makanza’s lawyers.

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