A FORMER policeman who was dismissed from the police force for allegedly accepting a bribe has successfully challenged his conviction and sentence at the Bulawayo High Court.
Edmore Nyarugwe, 30, was stationed at Fairbridge Camp near Bulawayo when he was fired in 2014. He was charged with criminal abuse of duty as a public officer for allegedly accepting a $300 bribe from two brothers Ronald and Tariro Chasaya and their friend John Mundozo.
Nyarugwe then allegedly attempted to bribe a Zimbabwe Revenue Authority (Zimra) officer to allow the trio’s truck full of goods to enter the country without being searched at Victoria Falls border post.
The ex-cop, who is now employed as a security guard in Masvingo, was fined $400 by then Victoria Falls magistrate Sharon Rosemani. Three months were wholly suspended for three years on condition of good behaviour.
Nyarugwe appealed to the High Court in Bulawayo against both conviction and sentence. Appeals court judges, Justices Francis Bere and Maxwell Takuva set aside both the conviction and sentence last Tuesday.
“Whereupon after reading the documents filed of record and hearing appellant respondent it is ordered that the conviction and sentence be and is hereby set aside,” reads the ruling.
Nyarugwe appeared in person while Whisper Mabhaudi represented the State. Initially, the appeals judges turned down his appeal because he was a self-actor but he convinced the court that there were merits to his case hence the need for condonation.
“I plead for condonation as a self-actor. I had two witnesses who were declared hostile by the State and the case has tarnished my name as I’ve also lost my job and all benefits. If the court doesn’t hear me I may not be able to exonerate myself in society as I would carry the burden of a crime I didn’t commit,” said Nyarugwe in court before the appeals bench allowed the case to be heard.
He argued that the lower court erred by overlooking evidence presented by two witnesses Ronald and Gamuchirai Chirikure, who denied that the cop received a bribe. Chirikure is a cop and was on duty with Nyarugwe when the alleged crime was allegedly committed.
Nyarugwe who was then represented by Givemore Muvhiringi had pleaded not guilty to the charges. The State case was that on July 28, 2014, Nyarugwe was deployed to Victoria Falls border post where he allegedly received $300 bribe from the Chasaya brothers and Mundozo.-State Media