mbulelo smpofu
Danisa Masuku
DURING the trial of Gwanda-based magistrate, Talent Phiri (35), who is facing bribery charges, it emerged that money which was allegedly used as a trap was not recorded in the Occurrence Book or Exhibit book.
Harare regional magistrate, Farai Gwitima presided over the case after Bulawayo regional magistrates recused themselves due to potential conflicts of interest or other reasons that could compromise their impartiality.
Phiri, represented by four lawyers — Kholwani Ngwenya, Anna Kunda, Tawanda Tavengwa, and Prince Butshe (who led the team), pleaded not guilty to the charge.
During cross-examination, 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 Butshe argued that bribe money was not found on Phiri and that’s 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 against Phiri are that on 27 August 2024, he granted an interim protection order in favour of Qiniso against her ex-husband, Lungisani.
However, on 4 September, Phiri allegedly solicited a bribe from Lungisani to assist him in the case.
It was reported that Phiri claimed that members of the President’s Office, the National Prosecuting Authority and the Zimbabwe Republic Police wanted Lungisani jailed.
Phiri allegedly demanded US$3 000. However, Lungisani allegedly managed to raise US$2 500 and promised to pay the remaining US$500 at a later date.
The court heard that Phiri instructed Lungisani to bring the money to his residence in Gwanda early the following day, around 6am and gave him directions.
During their phone conversations, Lungisani recorded audio evidence of the bribery demands and subsequently reported the matter to the police.
Acting on this information, the police set up a trap and accompanied the complainant to Phiri’s residence, where they arrested him after he had allegedly received the money.
Acumen Khupe prosecuted.
