adminZvikomborero Parafini
ZIMBABWE Anti-Corruption Commission (ZACC) investigator, Smart Marlon Mandofa, who appeared in court over the weekend for criminal abuse of duty, was yesterday granted bail.
Mandofa was granted $100 000 bail by regional magistrate Stanford Mambanje.
He was ordered not to interfere with witnesses and to reside at his given address until the matter is finalised.
The State had opposed bail and led evidence from the arresting detail, Albert Dandanyika, who argued that there was potential Mandofa would interfere with investigations.
Dandanyika said Mandofa failed to arrest Gilad Shabtai, who is allegedly on the Interpol wanted list, and had warrants of apprehension issued against him by two magistrates.
Dandanyika, however, failed to substantiate the claims in cross examination after being asked to produce a copy of the Interpol red list with Shabtai’s name.
The investigating officer was also asked to show the court where in the Criminal Procedure and Evidence Act a ‘warrant for apprehension’ is provided for.
He told the court that the law was repealed hence the warrant was an illegality.
Motivating the application for bail, Mandofa’s lawyer told the court that his client’s arrest was part of Ofer Sivan’s attempts to evade his fraud trial in the High Court set to start on March 28.
He further claimed that Sivan was interfering with witnesses and Mandofa is one of the witnesses set to testify against him.
Allegations are that Mandofa investigated and arrested businessman Sivan in a fraud case involving US$762 000 and $22 million.
Shabtai was the complainant, but police wanted to arrest him, and were looking for two other ZACC officials for interacting with him.
Allegations are that in August 2021, Sivan made a complaint against Shabtai and co-director of their company, Munyaradzi Gonyora.
Gonyora was arrested and appeared in court but Shabtai could not be located as he was out of the country.
A warrant of arrest was issued against him before it was later cancelled in court.
Allegations are that Mandofa, and his accomplices, lied that an anonymous person filed a report of forgery against Sivan, and he was arrested.
The State had it that Sivan was arrested after he had made a report against Shabtai, who hasn’t been arrested to date.
It is further alleged that Sivan queried his arrest as it appeared that Shabtai had contacted ZACC, yet there was a pending warrant of apprehension against him.
A request for travel history, in respect of Gilad Shabtai, was made to the Chief Director of Immigration, Zimbabwe Immigration Department, for the period from November, 1 2021 to August, 18 2022.
It allegedly showed that Shabtai was out of the country, when the case was reported at ZACC, until the matter was referred to court for prosecution.
The travel record shows that Shabtai visited Zimbabwe, through Robert Mugabe International Airport on July, 17 2022, and left the next day, but Mandofa and his accomplices didn’t arrest him.
Online Reporter