High Court throws out pair’s relief bid

Source: High Court throws out pair’s relief bid | The Herald October 17, 2018

Davison Kaiyo Herald Correspondent
Two police detectives’ bid to stop their prosecution on charges of misconduct failed after the High Court threw out their application for review. Detective Constables Mlambo and Matubu stationed at CID Chitungwiza had approached the High Court challenging the disciplinary hearing, while their criminal proceedings are still in progress.

But Justice Isaac Muzenda dismissed pair’s application for review, saying the police authorities acted properly.
He said the two processes could be conducted concurrently, adding that the pair failed to prove any irregularity.

“It is my considered view that the applicants have failed to establish any irregularity on the part of the ZRP which would justify interference with their discretion to dismiss Mlambo and Matubu’s exception,” said Justice Muzenda.
“Section 190 of the Criminal Procedure and Evidence Act permits joint trials.”

The two police officers are facing charges under the Police Act after they converted 49 100ml bottles of Bron Cleer (bronco) to personal use.

The bottles were part of the exhibits in the case involving one Rickson Ruzvidzo Mupamhanga who had been arrested in their possession.

In their application for review the pair averred that they could not be subjected to two processes at the same time.
It was also their submission that police had no jurisdiction to institute disciplinary proceedings against them.

The trial officer, argued the duo, had misdirected himself in dismissing their exception to prosecution as they were still facing criminal charges.

But, Justice Muzenda found that the two detectives dismally failed to prove their case to warrant the intervention of the High Court.