A MADLAMBUZI police officer arrested in April last year for allegedly refusing to stop at a roadblock, while ferrying passengers, has filed for stay of prosecution, arguing his matter had taken too long to be tried.
BY SILAS NKALA
Felix Matare filed his application at the Bulawayo High Court on May 19 citing Esigodini magistrate, Lungile Ncube and Acting Prosecutor-General Ray Goba as respondents.
In his founding affidavit, Matare (41) said sometime in 2016, he appeared before Ncube after the State charged him with three counts of failing to comply with police instructions.
“The matter has not been prosecuted to finality to date mainly due to non-availability of the prosecutor, the interpreter and the trial magistrate, who was transferred,” he said.
“The matter has been off remand since June 2016. I have always been available to stand trial and the delay in casu has caused anxiety, serious concern and irretrievable prejudice to me unnecessarily.”
The police officer said the delay was inordinate and there was no plausible or reasonable explanation for it.
Allegations against Matare were that in April 2016, Inspector John Mabhungu waved him down to stop at a roadblock at Mawabeni turn-off, but he sped off.
Mabhungu then gave chase in the company of Constable Munodawafa Manyakara, with Matare storming past several roadblocks along the way until he was arrested by officials from the Highway Patrol Unit near Bulawayo.