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.
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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.
