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Prosper Dembedza, Harare Bureau

Former Vice President, Phelekezela Mphoko, yesterday appeared at the Harare magistrates’ court for his routine remand and notified the court that he wanted to be tried in Bulawayo where he resides.

Initially, Mphoko who is facing charges of criminal abuse of office as a public officer appeared before a Bulawayo magistrate Mr Enias Magate who released him on $1 000 bail.

Mphoko allegedly instructed some junior police officers at Avondale Police Station to release from detention cells, former Zimbabwe National Road Administration (Zinara) acting chief executive, Moses Juma, who was facing abuse of office charges. Yesterday the former Vice President appeared before regional magistrate, Mr Hoseah Mujaya, who remanded him to October 4.

Prosecutor Mr George Manokore successfully applied for a postponement of the matter on the basis that they intended to furnish Mphoko with a trial date on that day.

However, Mr Mujaya questioned the prosecution on why the matter had been referred to a trial court when it was not yet ready for trial. In response, Mr Manokore said the matter was due for trial but could not proceed as they were still deliberating on the issue of jurisdiction.

Mphoko’s lawyer Mr Zibusiso Ncube then consented to the application for postponement before requesting for the State papers to enable them to prepare their defence.

He further indicated that Mphoko had since made a request to the Prosecutor General, Mr Kumbirai Hodzi, to have his matter tried at the Bulawayo courts.

“The accused is requesting that he be tried in Bulawayo not in Harare and Mr Hodzi has not yet responded as he is still going through the record,” he said.

Mr Ncube said that if Mr Hodzi does not consent to his application for the matter to be tried in Bulawayo he would approach the High Court to make a formal application. It is the State’s case that between July 13 and 14 in 2016 while he was still Vice President, Mphoko stormed Avondale Police Station to release Juma.

The court heard that on May 6, 2016, the Zimbabwe Anti-Corruption Commission (Zacc) received a report of allegations of fraud and criminal abuse of duty against Zinara officials. Investigations that ensued resulted in the arrest of Davison Norupiri and Juma. The two who were facing abuse of office charges, had their warned and cautioned statements recorded on July 12, 2016.

It is alleged that after the arrest, Juma and Norupiri were taken to Avondale Police Station on the following day pending their appearance in court.

The court heard that on the same day at around 6PM, Mphoko, who was at the time the Acting President, stormed the Police Station and ordered their immediate release. The Officer-in-Charge stood his ground challenging the unlawful instruction before he later complied with Mphoko’s order allegedly under duress.