Deceased’s brother seeks justice 18 years on 

Source: Deceased’s brother seeks justice 18 years on – NewsDay Zimbabwe

BY MIRIAM MANGWAYA

A CHEGUTU man has accused police of failing to investigate the alleged fraudulent release of suspects who killed his brother for alleged maize theft in 2003.

Shingirai Dendera yesterday told NewsDay that 18 years on, the suspects, who allegedly killed his brother Tambudzai Dendera at a farm in Mandalay Park on allegations of stealing maize, were walking scot-free after they were released before the close of the State case.

He said he had lodged complaints with the police, the Zimbabwe Anti-Corruption Commission (Zacc) and the National Prosecuting Authority (NPA), but is yet to be updated on the progress of the investigations.

The accused in the matter, Fredrick Ngombe, a Mandalay Park farmer, Tonderai Murehwa, Fungai Manyumwa and Amon Terrence stood trial in 2007 on murder charges at the High Court under file number CR343-4/07/2003, but were released before finalisation of the matter.

Documents gleaned by NewsDay revealed that on November 12, 2020, Dendera wrote to Prosecutor-General Kumbirai Hodzi, requesting a probe into the conduct of a public prosecutor only identified as Mabeza, whom he said consented to the release of one of the suspects accused of obstructing the course of justice in the matter.

Dendera claimed that Justice Tendai Uchena released the accused from custody on Mabeza’s advice in the absence of trial prosecutor, one Makwakwa.

On December 7, 2020, Chipo Muronda, on behalf of Hodzi, responded to Dendera’s letter and promised to launch an investigation into his complaint.

“I make reference to the above cited matter, and to your minute of November 4, 2020 on the above,” Muronda said.

“Kindly, note that the above cited matter is receiving attention. You will be notified in due course of any development pertaining to this letter.”

Dendera then filed a complaint with Zacc in April last year and the matter was recorded under file number CR16/04/2021.

“Since then, I have not yet received any feedback from the authorities,” Dendera said.

“I am yet to receive formal written acknowledgement from the Zacc authorities. As of November 12, 2020, when I lodged a complaint over the matter with the authorities, there is no indication that anything was being done to have the accused prosecuted.”

Acting national director of public prosecutions Justin Uladi, however, said he would check on the matter.

In his letter to Zacc chairperson Justice Loice Matanda-Moyo on March 29, 2021, Dendera said: “During trial, the accused released the accused from custody with the consent of Mr Mabeza in the absence of the trial prosecutor Mr Makwakwa. As a result of the release, the matter collapsed. Procedurally, the accused could only have been released as a discharge at the close of the State case, or by way of judgment.”

Zacc spokesperson John Makamure said he was yet to check on the matter.

National police spokesperson Assistant Commissioner Paul Nyathi could not be reached for comment yesterday.