Source: NPA boss Mtangadura trashes police evidence – NewsDay Zimbabwe June 30, 2017
National Prosecution Authority (NPA) chief law officer Chris Mtangadura yesterday distanced himself from Police Superintendent Nyambo Viera’s testimony, which suggested he ordered the arrest of a Central Intelligence Organisation (CIO) informer, Delish Nguwaya.
BY DESMOND CHINGARANDE
Mtangadura made the remarks while testifying in court on whether he gave the police permission to arrest Nguwaya, who was later considered a State witness.
Nguwaya and his three other co-accused persons – Mbizo Mbereki Nyathi, Vengai Zano and Clever Gadzikwa – are being accused of extorting $20 000 from a Chinese businessman, Baonin Guo.
Responding to a question from prosecutor Michael Reza, Mtangadura said the decision to arrest Nguwaya was Viera’s, not other members of the investigating team.
“I want to set the record straight: I did not charge Nguwaya, but he was charged by Viera and it was no longer my jurisdiction to change what I had already advised the police,” Mtangadura said.
The law officer told the court that the deputy director in the President’s Department, Kizito Gweshe, Viera and other members of the investigating team came to his office seeking advice on what was required for an accused person to be turned into a State witness.
“After hearing Nguwaya’s incriminating evidence by Gweshe, I advised Gweshe and Viera to bring the accused’s (Nguwaya) written affidavit statements,” he said.
“I then told them that the accused would be cross-examined in court on whether he was telling the truth of the whole account and the court would decide.
“I was expecting Gweshe and Viera, who were leading the team, to bring the said affidavit, but I was surprised when I saw a docket in my office with Nguwaya as the first accused and other three suspects.”
Nguwaya’s lawyer, Jonathan Samukange, then stood up and commented on Mtangadura’s testimony, saying Viera had lied that he (Mtangadura) ordered them to charge the witness.
“This docket, which was compiled by the police, is nothing. It was prepared by the corrupt police officers who want to suppress corruption within their ranks and it was prepared in a manner which exonerates corrupt senior police officers,” Samukange said.
“This corrupt activity within the police is what deputy director Gweshe is fighting against. We do not condone such behaviour from the police, they must be brought to book.”
Meanwhile, there was drama during the proceedings when the court asked the State to call its last witness, a Detective Mandizha, only to realise that he was already seated in the gallery.
Viera then asked Mandizha to go out of the court, while Reza sought permission to call him as a witness, but the move was thwarted by Samukange’s aide, who rushed to the door and blocked him from leaving the courtroom.
Samukange then challenged Mandizha’s inclusion as a State witness and the magistrate warned the State against using as a witness a person who was already sitting in the gallery during the proceedings. Reza then apologised to the court and presented that he had closed his submissions.
The matter was remanded to July 10 for determination.
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