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Chihuri on Dr Kereke alleged rape case
24 Jun 2013 at 14:58hrs | Views
POLICE Commissioner-General Augustine Chihuri says his officers did their best in investigating the case in which former advisor to the Reserve Bank of Zimbabwe Governor Dr Munyaradzi Kereke was accused of raping a relative.
Responding to an application by the girl's father compelling the Attorney General to prosecute Dr Kereke last week, the police chief argued that the decision to decline prosecution was the responsibility of the AG's Office and that his officers performed their duties to expectation.
He ruled out the bungling allegations saying thorough investigations were done and a docket was sent to the AG's Office where prosecution was declined.
"I submit that the police did its part in compiling a docket and referring it for prosecution.
"That the second respondent (AG's Office) decided against prosecution has nothing to do with the police. The second respondent's independence is notoriously guaranteed by the Constitution.
"Further, I submit that the police submitted a complete docket to the second respondent's office for prosecution," read part of his opposing affidavit.
Ms Sharon Fero of the AG's Office defended her office's position saying the AG cannot be compelled to prosecute a case he has declined to prosecute.
The matter had been set for hearing on Wednesday last week but Justice Happias Zhou deferred it to allow the parties to file some outstanding papers relevant to the trial.
Harare lawyer Charles Warara of Warara and Partners is acting for the girl's parents while Ms Fero is representing the Comm Gen and the AG.
In the application, the girl's father alleges that Dr Kereke raped the girl, who was 11 years old, at gunpoint in 2010.
He claims that the incident occurred at Dr Kereke's house where the girl had visited some relatives.
The man said he made a police report but the police did not take action.
He claims the matter was moved from one section of the police to the other.
He claims the police were reluctant to arrest Dr Kereke and that the matter was sent to the AG's Office after he had made frantic efforts to ensure the police performed their duty.
The man claims Dr Kereke visited him at his house persuading him to drop the charges but he refused. He now wants the court to issue an order compelling the AG and the police to prosecute Dr Kereke on the rape charges.
Responding to an application by the girl's father compelling the Attorney General to prosecute Dr Kereke last week, the police chief argued that the decision to decline prosecution was the responsibility of the AG's Office and that his officers performed their duties to expectation.
He ruled out the bungling allegations saying thorough investigations were done and a docket was sent to the AG's Office where prosecution was declined.
"I submit that the police did its part in compiling a docket and referring it for prosecution.
"That the second respondent (AG's Office) decided against prosecution has nothing to do with the police. The second respondent's independence is notoriously guaranteed by the Constitution.
"Further, I submit that the police submitted a complete docket to the second respondent's office for prosecution," read part of his opposing affidavit.
Ms Sharon Fero of the AG's Office defended her office's position saying the AG cannot be compelled to prosecute a case he has declined to prosecute.
The matter had been set for hearing on Wednesday last week but Justice Happias Zhou deferred it to allow the parties to file some outstanding papers relevant to the trial.
Harare lawyer Charles Warara of Warara and Partners is acting for the girl's parents while Ms Fero is representing the Comm Gen and the AG.
In the application, the girl's father alleges that Dr Kereke raped the girl, who was 11 years old, at gunpoint in 2010.
He claims that the incident occurred at Dr Kereke's house where the girl had visited some relatives.
The man said he made a police report but the police did not take action.
He claims the matter was moved from one section of the police to the other.
He claims the police were reluctant to arrest Dr Kereke and that the matter was sent to the AG's Office after he had made frantic efforts to ensure the police performed their duty.
The man claims Dr Kereke visited him at his house persuading him to drop the charges but he refused. He now wants the court to issue an order compelling the AG and the police to prosecute Dr Kereke on the rape charges.
Source - Herald
