Witnesses contradict themselves as Rushwaya is cleared of bribery

Zvikomborero Parafini

Zimbabwe Miners Federation president, Henrietta Rushwaya, is a relieved woman today.

The former football boss, who was on trial for bribery, was yesterday acquitted after a full trial.

Rushwaya pleaded not guilty to the charges. Magistrate Learnmore Mapiye said the State failed to prove its case beyond reasonable doubt.

“Accused was arraigned before the court charged with bribery in that at Robert Mugabe International Airport, she offered a bribe to Owen Sibanda an airport official, as an inducement to let her pass and proceed to Dubai with the gold she intended to smuggle.

“Rushwaya pleaded not guilty and denied ever offering a bribe and said she took the wrong bag and never intended to smuggle the gold.

“The State called two witnesses — Owen Sibanda and Dzikamai Paradza.

“It is not in dispute that gold was detected and, according to the State, she used the VIP route, which was at the discretion of the civil aviation authorities, to use the route.

“The court should not lose focus that the case before it is not for smuggling but for bribery and Sibanda told the court that he didn’t mention the bribery allegations in his first statement because he thought it was a joke.”

Added the magistrate: “The court failed to understand why he said he thought that the offering of the bribe was a joke because there is nothing funny about a bribe.

“The State never tied up the loose ends of the three statements that were recorded from that witness neither was it wasn’t explained why he took it seriously after two years. Where the court is in doubt, it is encouraged to acquit an accused person and the issues that have caused doubt are that the witness didn’t deny that three statements were recorded from him and were unsigned and they never mentioned the issue of bribery.

“Why would the witness take jokingly the issue of the bribe and later testify in court that it was a serious offer and that to whom exactly was the bribe offered? The two witnesses contradicted themselves, Sibanda said it was to him only while Paradza said it was to all the other airport personnel who were present. The court wasn’t satisfied by the evidence led and accused is found not guilty and acquitted,” she said.

Rushwaya was represented by Peter Patisani while Netsai Mushayabasa and Sheila Mupindu appeared for the State.