HH 276-18 LIBERTY MAGODO and Ors versus CHIEF SUPERINTENDENT KEZIAS KARURU

LIBERTY MAGODO

and

TINEVIMBO MUZEZEWA

and

RICHARD BUZUZI

versus

CHIEF SUPERINTENDENT KEZIAS KARURU

 

 

HIGH COURT OF ZIMBABWE

MUZENDA J

HARARE, 16 May 2018

 

 

 

Opposed Application for review

 

Ms K. Hutchings, for the applicants

Ms. N.L Mabasa, for the respondent

 

              MUZENDA J: The three applicants are police details who were charged in terms of paragraph 35 of the Schedule to the Police Act [Chapter 11:10] as read with paragraph 29 (A) (iii) of the same Act which reads:

            “Acting in an unbecoming or disorderly manner or in any manner prejudicial to good order or             discipline or reasonably likely to bring discredit to the Police Force.”

           

            The three appeared for hearing on the 21st November 2014 before a single officer, the respondent, Chief Superintendent Kezias Karuru. The State led evidence from four witnesses and closed its case. On the 20th March 2017 the applicants jointly moved the trial officer through an application for a discharge at the close of the prosecution case in terms of section 198 (3) of the Criminal Procedure and Evidence Act [Chapter 9:07]. The trial officer dismissed the application and ordered that the three be placed on their defence since the state had managed to prove a prima facie case against them. The trial officer in his ruling gave the applicants brief reasons for the dismissal of the application for discharge and indicated that he would provide detailed reasons after hearing the defence case in his final judgment. The applicants, then filed an urgent chamber application under case number HC 3198/17 for review on the same grounds outlined in this current 

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