Top cop jailed over release of fraud suspect

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COURT papers have revealed that the top policeman Assistant Commissioner Gideon Baloyi , who was recently sentenced to an effective nine months in jail for contravening sections of the Police Act, had facilitated the illegal release of a fraud suspect from police custody.

PHILLIP CHIDAVAENZI,SENIOR REPORTER

According to the court papers, Baloyi (53) had allegedly instructed a junior police officer to release a suspect from lawful custody.

This was revealed in court yesterday when Baloyi applied for bail after filing a notice of appeal against both conviction and sentence at the High Court.

After hearing submissions from both the State and the defence, presiding magistrate Elijah Makomo postponed the matter to today for a ruling.

In his application, Baloyi’s lawyer Misheck Hogwe said the initial court had erred in its findings.

He said the evidence led from the State witnesses was not sufficient to convict his client because it was mostly hearsay and did not implicate Baloyi.

He told the court that the unnamed suspect was released because it was felt that the matter was against the suspect’s company rather than him in his personal capacity.

He noted that provisions of the law under which his client was convicted provided the option of a fine, which would suit a person of Baloyi’s calibre whose reputation would be damaged as a consequence of imprisonment.

“The relevant provision envisages the possibility of a fine and the sentencing policy has shifted from custodial to non–custodial sentences as far as possible.

“At the rank of Assistant Commissioner, the mere conviction and obvious dismissal from the police force and the attendant publicity is such a heavy fall from grace for the accused and imprisonment would be unduly harsh,” Hogwe argued.

For the State, Molyn Mutamangira appealed to the court to throw out the bail application on the basis that the High Court appeal had no prospects for success.

“The accused was properly convicted considering the evidence which was led before this court,” she said, adding that the evidence led from the witnesses was consistent and corroborative.

She said Baloyi’s argument that he did not give such an order could not be believed because he had told the court that he referred the suspect to CID Fraud and State witnesses confirmed that when Baloyi was called, he confirmed that he knew the suspect.

“The State feels the sentence was a fair sentence under the circumstances because 12 months cannot be said to be a harsh sentence,” she said. “The court did not misdirect itself so the appeal should be denied.

16 COMMENTS

  1. thats how law works in zim.not all laws are just.no money u rot in prison.innocent souls are suffering whilst pple like baloyi wil end up walking freely.Zhakata said sakunatsa ndiye sakubaiya.just wait and see.where is mutodi now.

  2. Intereferring with investigations is not new in the police . I recall a female officer who got transferred for bringing a political reverands rape case to court. Who stopped kerekes case from being investigated and brought before the courts.

  3. No rule of law in Zim….vanhu vanemhosva svinu are free but for slack cases munhu anochemberera muridz what’s that?

  4. Siyana na bhururu wangu Baloyi.Ndo system ye zrp iyoyi arikukuvarira nyaya ye kufarira mdc .Kana muchida zvelaw apply it equally motanga ne kusunga mukoma robby tinyatsoona chi purisa chenyu

  5. Why was the suspect arrested and which company is involved? I suspect Baloyi is an MDC sympathiers.Let the case go to High Court coz i smell a rat.

  6. Where does the issue of Mdc party linked to the issue? Instead he should be nailed for criminal abuse of office. He is a senior officer who should lead by example. After all why not retiring? 50 yrs dzakakwana kudhara manje wava kuenda neAids wabva kujere.

  7. saka vanhu veMdc havachasungwi kana vapara mhosva here?? Lets leave politics out of the law. If he is nt guilty he wil win his appeal. Sick n tired of pple who commit crimes n wen arrested try to hide behind politics.

  8. “..He noted that provisions of the law under
    which his client was convicted provided the
    option of a fine, which would suit a person
    of Baloyi’s calibre whose reputation would
    be damaged as a consequence of
    imprisonment….” KKKKKK so tirimunyika inemitemo yakasiyanasiyana nhai. The guy messed with his reputation why shld state protect him. Ko reputation yaPastor Gumbura ko YaKuruneri koGift Tyres Animal farm here. “All men r equal BT some r more equal than others”

  9. deploy more anti-corruption cops along th Hre-Chirundu road into combis…..coz huwori ma.1 vanoti vanonzi vauye nemari nachef…..avatuma please action….

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