BY DESMOND CHINGARANDE
THE State yesterday made a spirited attempt to have MDC Alliance legislator Joanah Mamombe’s bail revoked, claiming that she violated her conditions despite records showing that she reported to the police.
Mamombe was asked to report once on the last Friday of each month by a Harare magistrate as part of her bail conditions in a case she is accused of falsifying her abduction.
Prosecutor Michael Reza told the court that Mamombe failed to report to the police on August 27 as it was the last Friday of the month.
Mamombe later reported on Saturday after giving an excuse to officer-in-charge, Law and Order one Detective Sergeant Chafa to go to her rural home to pick up her schoolgoing younger sister.
Mamombe was allowed to sign in the forms which she used when reporting to the police station, but her signature was later cancelled and the State saw it as an opportunity to revoke her bail.
The State called its witness, Alison Mirimbo, who was the police Law and Order duty officer on the day in question, who deposed an affidavit, stating that Mamombe failed to report at the police station.
“On August 27, I commenced my duty and during the said period among other duties, I was to supervise the reporting of various suspects at the police station,” Mirimbo said.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
“During the tour of duty, I found out that Mamombe had not reported as regular and I advised my senior Detective Sergeant Chafa. She was supposed to report on the last Friday of each month and August 27 was the last Friday of August.
“I wrote the affidavit to notify CID Law and Order officer-in-charge that the accused person has not reported as required by her reporting conditions.”
Reza then tried to tender the document to magistrate Stanford Mambanje, but Mamombe’s lawyer Jeremiah Bhamu, who was assisted by Alec Muchadehama, objected saying it was not an affidavit, but police internal correspondence.
Bhamu said an affidavit should be signed by an independent person and not the officer-in-charge because he was an interested person.
Mambanje then ruled against the tendering of the document as exhibit.
“The State did not say anything about their conduct, so the court cannot accept the affidavit,” Mambanje ruled.
Bhamu said Mamombe’s order requires her to report to the police once every month, which she did on August 28. The matter was postponed to tomorrow for continuation of the application to have Mamombe’s bail revoked.
- Follow Desmond on Twitter @DChingarande1
