Patrick Chitumba and Plaxcedes Hove Court Reporters
A SENIOR Bulawayo regional prosecutor, Admire Chikwaya, 31, has been sentenced to an effective 18 months in prison for criminal abuse of office. Chikwaya solicited for a $300 bribe from a complainant in a fraud case.

He was sentenced to 24 months in prison but will only serve 18 months after six months were suspended for five years on condition that he does not within five years commit a similar offence.

There was drama when Chikwaya was arrested and was due in court with magistrates and fellow public prosecutors at Bulawayo Regional Court recusing themselves from handling the matter.

It was then transferred to West Commonage Courts where it was heard by magistrate Maphios Moyo.

Gwanda provincial magistrate Reuben Mukavhi heard the final case on Thursday, with Bruce Maphosa from Binga prosecuting.

In passing sentence, the magistrate said Chikwaya did not benefit anything from the bribe that he received.

“I have considered that you did not benefit anything from the money you received as a bribe, it was a harvest of thorns,” he said.

Mukavhi said he had also taken into consideration that Chikwaya was a family man and had lost his job which was punishment on its own.

“However, what you did deserves a custodial sentence and you can’t go unpunished. If you go unpunished the society will not trust us. Abuse of office is a serious offence especially from a respected and well-known person like you,” he said.

Nicholas Khawulani Masuku, the director of N and S Properties, was the complainant in the case.

Chikwaya, who was represented by Tanaka Muganyi, pleaded not guilty to the charge and was out of custody on $50 bail.

On December 3 Muganyi filed an application for Chikwaya to be placed off remand as the state appeared as if it was not ready to proceed with the case.

Moyo upheld the application and placed Chikwaya off remand saying the case would proceed by way of summons.

The prosecutor at the time, Kingstone Mukanganu, told the court that on November 17 at about 1PM, Masuku made a report against Chikwayi at the Criminal Investigating Department (CID) Homicide, Bulawayo, to the effect that the latter had solicited for a $300 bribe from him so that his pending fraud case at the Tredgold Court could be set down for trial.

Masuku is reportedly a complainant in a 2012 fraud case where a Nigerian national, Alphonse Achinullo, is the accused.

On receiving the report, a trap was arranged. The bribe money comprising one $100 note and four $50 notes were photocopied and Masuku’s son, Honest, who is also his employee, was sent to deliver the money to Chikwaya after 3PM.

As soon as Honest had left Chikwaya’s Office 407, detectives entered and identified themselves before requesting to see the money he had received.

Chikwaya reportedly produced the trap notes which were under his phone on his desk.

When he was asked, Chikwaya allegedly claimed that the money was a refund for a residential stand he had bought from Masuku.

He was subsequently arrested and the trap money was produced in court as evidence.

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