Sinokubonga Nkala
Rutendo Nyeve, Sunday News Reporter
HARARE regional magistrate Mr Farai Gwitima will next month deliver his ruling on a case in which Gwanda magistrate Talent Phiri (35) is facing a charge of bribery.
Phiri of Mount Cazalet in Gwanda Town allegedly solicited a US$3 000 bribe from miner and Zanu-PF Gwanda North candidate in last year’s harmonised elections, Cde Lungisani Twominutes Ncube.
The case is being handled by Mr Gwitima after Bulawayo magistrates recused themselves. He will give his ruling on the case on 6 January.
On Friday, the defence led by Mr Prince Butshe Dube of Mathonsi Ncube Law Chambers closed its case by calling its last witness, Mr Thembalami Khumalo who is a lawyer based in Gwanda.
Mr Khumalo told the court that he was called by one of Phiri’s relatives who requested him to go and help Phiri at Gwanda Police Station after his arrest.
“I went to the police station around 7am and saw that Phiri had been arrested. I identified myself as a legal practitioner and showed the police officers my practicing certificate. I then requested to see the trap authority which I was initially denied by a male police officer before another female officer consented to showing me, saying since I was not representing Phiri, there was no problem.
“When I was shown the trap authority, I asked to take a picture but I was denied. However, I then informed one Bukhosi Ncube that the trap authority did not have a stamp,” said Mr Khumalo.
The State represented by Mr Acumen Khupe, however, presented as exhibit a trap authority document with a stamp dated 5 September 2024, and signed by a Superintendent K Mpofu. Mr Khupe said the date stamp indicated that it was stamped before the arrest was effected. He argued that the witness was fabricating the stamp story and was not shown any document by the arresting officers.
Earlier last month when the trial commenced, it emerged that the money which was allegedly used as a trap was not recorded in the Occurrence Book or Exhibit Book.
It emerged during cross-examination, that one of the police officers who was part of the team that carried out the trap did not record the money in the Occurrence Book and they even failed to record it in Form 390.
At law, they were also required to record it in the Exhibit Book but they did not. Following that, Mr Butshe Dube argued that bribe money was not found on Phiri and that is a creation of the arresting officers.
It also emerged that they recorded a phone in the form 390 which they allegedly seized from Phiri.
Allegations are that on 27 August, Phiri granted an interim protection order applied for by Mrs Qiniso Ncube against her former husband, Cde Lungisani Twominutes Ncube.
A warrant of arrest against Cde Ncube was attached to the interim protection order as per procedure.
On 4 September at about 5pm, Phiri allegedly phoned Cde Ncube on his mobile number saying he wanted to help him in his case of domestic violence where a warrant of arrest was issued against him.
The court heard that Phiri went further saying that officers from the President’s Office, National Prosecuting Authority and Zimbabwe Republic Police have an interest in Cde Ncube’s case of domestic violence and they wanted him locked up in jail until the next remand date and he should look for some money so that he can assist him.
It is alleged that Cde Ncube informed Phiri that he was going to look for the money but he (Phiri) kept calling him to quickly look for the money.
On the same date, the court heard that Cde Ncube called Phiri using his other cellphone number asking him how much money was required.
Phiri is alleged to have indicated that he wanted US$3 000. Cde Ncube then negotiated with Phiri and told him that he had found US$2 500 and he agreed to help him.
The court was told that during the cellphone conversation, Phiri instructed Cde Ncube to bring the money to his place of residence at Mount Cazalet at around 6am the following day.
Cde Ncube made audio recordings with his cellphone during the conversations with Phiri, the court was told.
The court was told that Cde Ncube made a police report on the same day and stated that Phiri was demanding US$2 500 as a bribe so that he would help him in his case of domestic violence.
It is alleged that a trap authority was applied for and it was granted with the trap money photocopied and certified.
The court heard that the trap team then proceeded to Gwanda in the company of Cde Ncube to execute the trap leading to the arrest of Phiri after he had received the trap money from Cde Ncube.
The trap money was recovered from Phiri’s right pocket boxer shorts, which he was wearing and is kept by the police as an exhibit, the court was told. — @nyeve14
mbulelo smpofu
