High Court judge Justice Lavender Makoni yesterday bemoaned the Prosecutor-General (PG)’s office lack of authority over police, saying the current prevailing working relationship between the two entities was not pleasing at all.
BY CHARLES LAITON
The judge made the remarks while granting an application for temporary relaxation of bail conditions against two Indian nationals accused of raping a local woman at a hotel in Harare.
Krishna Satyanarayan Gandlar (33) and his alleged accomplice Ravi Kumar Krishnan (40), were ordered to deposit $150 000 cash, up from the $100 000 they had offered, after the court indicated they were foreign businessmen facing a very serious offence.
Prior to ruling in the two men’s favour, Justice Makoni urged the PG’s office to re-claim its position and ensure the police department was operating under its instruction, for the good administration of justice, as opposed to the current position where the latter was always defying the PG’s instruction.
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The judge said during her time as a prosecutor she would instruct the police on what she wanted done and the law enforcement agents would act as such.
Justice Makoni’s remarks came after prosecutor Tapiwa Kasema told the court that the police were not forthcoming with information which the court had requested in order to make an informed decision in the application for temporal release of passports filed by the two Indian nationals.
Kasema said “the police was playing hide and seek with the PG’s office” and not forthcoming with information regarding the position pertaining to the DNA tests of blood samples for Gandlar and Krishnan.
“During my time as a prosecutor I would direct the police on what I wanted done and that would be done,” Justice Makoni said asking lawyer Jonathan Samkange to confirm if that was not the position during his time as a prosecutor as well.
In his response Samkange, who was representing the two suspects together with Dumisani Mthombeni said the current position was that the PG’s office was being “superintended by the police”.
“You are very correct my lady but the attitude of the police these days is that they do not take orders from anyone, the Prosecutor-General’s office is now being superintended by the police,” Samkange said to which Justice Makoni remarked: “No! If that is the position the police should handle the dockets and prosecute their matters then….” She added: “Mr Kasema please re-claim your powers.”
Earlier in his submissions, Kasema told the court he had received an affidavit from police officers who were reluctant to give oral evidence in court.
The two suspects have been on remand and in the country for the past five weeks after being released on $1 000 bail each and they have also accused the complainant of attempting to extort money from them.