HARARE lawyer, Charles Warara, who successfully privately prosecuted Bikita West MP Munyaradzi Kereke (Zanu PF) on rape charges, is now suing the Prosecutor General (PG)’s Office and police for failure to give justice to his client in terms of the law.
Source: Warara sues State – NewsDay Zimbabwe July 15, 2016
by PAIDAMOYO MUZULU
Warara said the action was not meant to get money, but to prove a principle that the government has to do its work professionally and ethically.
“We want compensation for the failure to give justice to my client by the police and the Prosecutor-General. We want them to account for that,” he said.
Police allegedly did not thoroughly investigate the case after it was reported, while the PG declined to prosecute Kereke, arguing there was insufficient evidence.
Warara had to apply to the High Court and later the Constitutional Court to force suspended PG, Johannes Tomana to issue him a certificate for private prosecution.
The private prosecutor was also pursuing another application, where he is seeking Kereke to pay the legal costs of the trial that ran into several thousands of dollars.
“We are seeking Kereke to pay us up to about $60 000 in legal fees and other related costs of the criminal trial. The final quantum will be decided by the magistrate, whether using client-attorney scale or the other systems applicable,” Warara said.
Kereke is now serving an effective 10-year prison sentence at Chikurubi Maximum Security Prison after regional magistrate Noel Mupeiwa convicted him of rape.
Kereke’s lawyer, Arum Mutandiro is still to get instructions from his client on whether to appeal against both conviction and sentence.
However, Warara said he would oppose the appeal if made.
“We will oppose the appeal if it is made, as we strongly feel the conviction was done properly,” he said.