A HARARE man, who is being charged for attempting to influence a witness to withdraw fraud charges levelled against Higher Education deputy minister Godfrey Gandawa, yesterday told the court the affidavit was prepared by the Zimbabwe Anti-Corruption Commission (Zacc) in order to nail the deputy minister.
Source: Zimdef case: Meddle suspect fights back – NewsDay Zimbabwe January 25, 2017
BY DESMOND CHINGARANDE
In his application for referral of the matter to the Constitutional Court (ConCourt), Malvern Chimutashu told the court that Zacc investigations were shoddy and denied he was present when the alleged trap was set.
Chimutashu, who is represented by Clemence Ngweshiwa, said the fact that no witness observed him handing over the copy was a clear sign that Zacc officers prepared the document and used the State’s key witness to politically tarnish his image and that of the deputy minister.
Chimutashu also argued that Zacc had no legal standing to arrest him.
“It is clear that Zacc set a trap, apprehended him and took him to their offices, where they detained him after recording a warned-and-cautioned statement, but do they have arresting powers?” Ngweshiwa asked.
“In terms of the Constitution, it provides a function that does not come close to having arresting powers and they only recommend an investigation and not to arrest.”
Chimutashu urged the court to have the voice records destroyed, as they were taken without his consent. He said if ever they were to be considered as evidence, the transcriber should be called to testify.
The application was opposed by prosecutor, Michael Reza, saying Chimutashu had raised trivial issues, which could be raised during the trial. He further argued Chimutashu’s submissions on the application for referral to the ConCourt, were only centred on entrapment, a clear indication of a partial plea of guilty.
“According to the Constitution, it is not a defence to a crime that the accused was trapped into committing the crime concerned, that is to say Zacc caused the accused to commit it for the purposes of obtaining evidence of its commission,” Reza said.
Presiding magistrate, Lazini Ncube remanded the matter to next Monday for the ruling.
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