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Thandeka Moyo Court Reporter
A SENIOR prison officer who is being jointly charged with Bulawayo lawyer Tungamirayi Nyengera of unlawfully trying to free a convicted car thief yesterday confessed to the crime, saying he had been given a $500 “Christmas present” for his cooperation. Absolom Hlupho and Nyengera of Shenje and Company Legal Practitioners allegedly forged a fake warrant of liberation for Lungisani Sibanda who is serving seven years at Khami Maximum Prison.

They face fraud and obstructing the course of justice charges.

Hlupho is facing a separate charge of abuse of office as a public official.

Taking the witness stand at the opening of the defence case, Hlupho, who initially denied being involved in faking the warrant of liberation or receiving money from Nyengera, confessed that he had been taking the court for a ride.

He said his 19 years’ experience as a prison officer was haunting him and he did not want to lie anymore.

Hlupho, in giving his evidence-in-chief before Matabeleland South provincial Magistrate Reuben Mukavhi, had said he did not know Nyengera but made a U-turn when he was cross examined by the State led by Blessing Gundani.

“From the start I was trying to trap an elephant with a small stone, I was trying to defend myself but it was futile and now I want to be truthful. Nyengera used me to deliver the fake warrant of liberation which I questioned but he convinced me it was legit,” said Hlupho.

He revealed that he was given a $500 “Christmas present” for his co-operation.

“I assisted him in good faith and the issue of the $500 came later after he had asked me to deliver the warrant of liberation.”

Gundani also asked Hlupho why he called Lillian Tapera, Sibanda’s sister who had gone to Khami to collect her brother.

“I was only returning her calls and when I realised it was getting late, I told her to come back the next day as her brother had not yet been released.

“It’s not true that I pretended not to know her when she was apprehended as I personally apprehended her,” said Hlupho.

Prayer Muzvuzvu of Muzvuzvu and Mguni Law Firm represented Hlupho while Godfrey Nyoni of Moyo and Nyoni Legal Practitioners represented Nyengera.

Nyengera will open his defence case today.

Nyengera, an ex-cop and Hlupho, who was a principal prison officer at Khami Maximum Prison, allegedly connived to illegally release a convicted car thief after asking the convict’s family to pay $1,500 for bail pending appeal.

Eight witnesses testified for the State.

Taking the witness stand, Freedom Potera, the regional court clerk, said there was no appeal entered against the completed record of Lungisani Sibanda who was sentenced to seven years imprisonment.

“I normally write warrants of liberation when a suspect is acquitted, granted bail or when further remand is refused. When I got a call from the prison officials inquiring about Sibanda’s warrant of liberation, I was amazed because according to the records, he was convicted and there was no appeal recorded,” said Potera.

“Suspecting that there may be something amiss, I asked Superintendent Lungile Moyo to send the warrant of liberation quickly to the office.

“When I looked at the document, I realised it was fake as it was white in colour whereas the normal colour is blue.

“Since it was the regional court that dealt with Sibanda’s case, the document was supposed to have a regional court stamp but to my amazement it had a provincial stamp and that on its own proved to be a fake.”

Supt Moyo also testified saying he had spotted Sibanda’s sister, Lillian Tapera roaming around the prison premises and decided to call her for questioning.

“She was restless and when I asked Hlupho and others to bring her for questioning, she asked to confess in Hlupho’s absence. I was officer in-charge that day and I then sent Hlupho to purchase a recharge card and the woman told me she was waiting to pick up her brother, Sibanda,” said Moyo.

He added that the woman narrated how she had met Hlupho and Nyengera the previous day.

“Hlupho came in and Tapera repeated her story and I could see Hlupho getting worried with every sentence to the extent that he could not look me in the eye. He did not challenge the woman’s story.”

Next witness was Detective Chief Inspector Masiyaleli Mwezi who said in his investigations, he had discovered that Hlupho had called Tapera on December 24.