Businessman turns to High Court for private prosecution

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HIGH Court

BY DESMOND CHINGARANDE
LOCAL businessman Chemist Siziba has approached the High Court seeking private prosecution in a matter he is accusing Acting Prosecutor-General Nelson Mutsonziwa of criminal abuse of office.

Siziba is arguing that the National Prosecuting Authority (NPA) has failed to bring his case dockets to court since 2014, resulting in some of the crucial evidence going missing.

In his application to the High Court, Siziba cited the NPA and Mutsonziwa as the first and second respondents, respectively.

“I am the complainant in the criminal matters under IR 061520 and CR1937/06/21 to which this application relates. The accused persons in the two dockets are Paul Rink Peacy, Craig John William Dackwerts, Ray Kaukonde and Samson Edmare. While I refer to them by name for context, they have no standing in the present matter in light of the relief I seek,” Siziba submitted.

He submitted that he continued to suffer prejudice due to the respondents’ conduct, and by their failure to prosecute the matters he had reported.

Siziba demanded to know why the first 2014 docket disappeared, and why it was withdrawn from the Harare Magistrates’ Court midway through prosecution.

He said it was obstruction of judicial proceedings.

“In respect of the second docket, the second respondent has not explained his reasons for declining to prosecute the properly investigated matter, which matter the court had found it prudent to place the accused on remand. He has not accounted for key evidence against the accused which was previously in the docket,” Siziba submitted.

He further stated that if the High Court finds that Mutsonziwa has breached the law, the NPA must discipline him. The application is pending.

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