Chief law officer Chris Mutangadura has disputed claims by Superintendant Nyambo Vierra that he instructed him to charge Central Intelligence Organisation (CIO) informer Dellish Nguwaya instead of offering him immunity from prosecution.
Mutangadura came as the second and last witness for the state which is a respondent in an application lodged by Nguwaya requesting to his case of allegedly being hoodwinked into providing self incriminating evidence on the promise of indemnity from prosecution to be referred to the constitutional court.
Chief law officer Mutangadura was asked by regional magistrate, Mr Themba Kuwanda on the impression given to the court by Superintendant Vierra that he had made the decision that Nguwaya was not a suitable candidate for immunity from prosecution and admission as an accomplice witness but was to be charged.
Mutangadura denied outright and said Nguwaya was already charged by the police together with 3 others and the question of immunity or making him an accomplice witness was no longer within his jurisdiction.
He added that once you treat a person as an accused you cannot in the same vain use his evidence against him.
Jonathan Samukange the applicant’s lawyer accused Mr Michael Reza of trying to mislead Mutangadura and the court on the application lodged by his client.
He said Nguwaya gave self incriminating information of his involvement together with high ranking police and CIO elements in shady corrupt activities to the CIO which triggered the investigations.
He added that deputy director Gweshe of the Counter Intelligence Department had exposed an elaborate effort by the police to sanitise the case by exonerating Chief Superintendant Nyaradzai Majachani and Superintendant Shepherd Tachiona thereby perpetuating corruption within the system which led to their fall out.
Asked on whether any investigations had been conducted against Chief Superintendant Majachani and Superintendant Tachiona, chief law officer Mutangadura denied seeing any documentation in the docket on investigations against the 2 senior cops and said all he saw was a witness statement by Tachiona implicating the applicant and 3 others.
The matter was postponed to the 10th of July where the applicant and the respondent will file their written closing submissions for the court to arrive at a decision on whether Nguwaya’s application for referral has merit.
Meanwhile, Harare magistarte Ms Josephine Sunday has slapped Patson Dzamara and Makomomborero Haruziveshe with 12 months imprisonment for obstructing the course of justice, 3 months were however suspended on condition of good behaviour, the 9 remaining months were suspended on condition they perform 315 hours of community service at Rotten Row Court and Borrowdale police respectively with effect from Monday.
Prosecutor Peter Kachirika alleged that on June 9 last year around midnight the two complainants disembarked from a commuter omnibus at fourth street bus terminus.
They passed through Africa Unity Square on their way to Copacabana bus terminus to get transport to Mufakose.
Dzamara and his accomplices then allegedly confronted the complainants and snatched their handbags before searching them.
They allegedly stole three ladies school uniforms, red jersey, pair of trousers, jean skirt and wallet with US$30.
The other complainant lost three school jerseys and one floral dress.
The court heard that the complainants screamed for help and three police officers who were on duty near parliament rushed to the scene.
The accused persons resisted arrest and took away Constable Nhidza’s cap and button stick while dragging him to a silver Honda Fit along Jason Moyo Avenue.
Dzamara and his accomplices were later arrested and police allegedly recovered the stolen property valued US$80.