Source: Chief law officer denies hand in CIO mole’s woes | The Herald June 30, 2017
Fungai Lupande Court Reporter
Chief law officer in the Attorney-General’s Office Mr Chris Mutangadura yesterday said he never decided on the immunity of an informant who exposed corrupt and rogue members of the Central Intelligence Organisation and senior police officers.
The informer, Delish Nguwaya, is now accusing the police of using self-incriminating evidence he gave them to charge him and three others.
The remarks are contrary to claims by Superintendent Nyambo Viera that it was Mr Mutangadura’s decision to have Nguwaya prosecuted because the information on which he was seeking immunity was not valuable to the State case.
Mr Mutangadura told the court that he had no hand in having Nguwaya prosecuted.
“The CIO deputy director, Kizito Gweshe, told me that a joint investigation was underway involving the police and the intelligence to root out rogue elements,” said Mr Mutangadura.
“They wanted legal advice because the informer had inside information and had also participated in criminal activities. I advised them to come to my office as a team.
“They came between July 2 and September last year. Gweshe headed the CIO, while Supt Viera was leading the police. I advised them to get the informer’s evidence on an affidavit freely and voluntarily.”
Mr Mutangadura told the court that the team went and never returned and weeks later he received a criminal docket with Nguwaya as the first accused.
“He was already an accused person and it was no longer in my jurisdiction to make him a witness and nothing in the docket suggested that he was a witness,” said Mr Mutangadura.
During cross-examination, Nguwaya’s lawyer, Mr Jonathan Samukange, asked if Chief Supt Majachani and Supt Tachiona, who were also implicated by Nguwaya, were investigated.
Mr Mutangadura said he only saw an affidavit from Nguwaya mentioning their names after he was charged.
He said Supt Tachiona was a witness against Nguwaya.
Mr Mutangadura clarified that because of organised criminal activities, the Prosecutor-General had the discretion to use a person with inside knowledge or has participated in a crime as an accomplice witness.
He said the court had the final say on whether or not to endorse the person as a witness.
Prosecutor Mr Michael Reza made a desperate attempt to call Inspector Mandizha as a witness, but it turned out that he was in court during proceedings.
Nguwaya is jointly charged with a member of the CIO, Zano Vengayi (33), Clever Gadzikwa (36) and Mbereki Mbizo Nyathi, who is a former member of the CIO.
They are accused of extorting about $20 000 from Baoning Guo, a Chinese national, but Nguwaya said they committed the offence together with Chief Supt Majachani and Supt Tachiona.
He is seeking referral of his case to the Constitutional Court because he volunteered self-incriminating evidence, which was used by the police to charge him.
The police, according to Nguwaya, deliberately omitted evidence incriminating the two senior police officers.
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