News / National
Cop sues Chihuri
09 Jun 2017 at 08:36hrs | Views
A POLICE officer who was fired from the force after being convicted of improperly clearing cattle, has now taken Commissioner-General of Police Augustine Chihuri to court, seeking to challenge his dismissal.
On May 5 this year, Constable Samuel Misi filed an application seeking condonation of late filing of appeal, citing Chihuri in his official capacity and the Police Service Commission (PSC) as respondents in the matter.
In his founding affidavit, Misi said although he was convicted of conducting his duties in an improper manner, his employer was not supposed to have imposed the harshest of sentences without considering other forms of punishment.
"This is a court application for condonation for late noting of an appeal and extension of time to note the appeal," Misi said.
"On the 30th of December 2016, I ….was charged and found guilty of contravening section 4 of the schedule attached to the Police Act, in that it was alleged that I performed my duties in an improper manner.
"I then lodged an appeal with the PSC, which then confirmed the decision of the board of officers on the 23rd of March 2017 that I be discharged from the force. It is the sentence thus which I intend to appeal against as I believe it is excessive and both the board and commission should have resorted to other alternative forms of punishment considering my circumstances."
Circumstances leading to Misi's dismissal were that sometime last year, he cleared four beasts belonging to one Austin Mapuranga unprocedurally by endorsing Timothy Kurasha, who is Mapuranga's friend, as the village head, of which it was later discovered that Kurasha was neither a resident of Magumise village nor a village head.
Misi was also convicted of leaving out or omitting to fill the portion of particulars of the veterinary officer or dip tank attendant on the required ZRP form.
"Behind the background of all this is the fact that these beasts were not stolen at all, but it was the manner of clearing the beasts which I was punished for. I did this in a bid to assist Mapuranga, who owns the beasts, who wanted to transport them," he said, adding: "I do admit that I was wrong and acted in an improper manner, hence I do not deny conviction on the merits."
The matter is yet to be set down for hearing.
On May 5 this year, Constable Samuel Misi filed an application seeking condonation of late filing of appeal, citing Chihuri in his official capacity and the Police Service Commission (PSC) as respondents in the matter.
In his founding affidavit, Misi said although he was convicted of conducting his duties in an improper manner, his employer was not supposed to have imposed the harshest of sentences without considering other forms of punishment.
"This is a court application for condonation for late noting of an appeal and extension of time to note the appeal," Misi said.
"On the 30th of December 2016, I ….was charged and found guilty of contravening section 4 of the schedule attached to the Police Act, in that it was alleged that I performed my duties in an improper manner.
"I then lodged an appeal with the PSC, which then confirmed the decision of the board of officers on the 23rd of March 2017 that I be discharged from the force. It is the sentence thus which I intend to appeal against as I believe it is excessive and both the board and commission should have resorted to other alternative forms of punishment considering my circumstances."
Circumstances leading to Misi's dismissal were that sometime last year, he cleared four beasts belonging to one Austin Mapuranga unprocedurally by endorsing Timothy Kurasha, who is Mapuranga's friend, as the village head, of which it was later discovered that Kurasha was neither a resident of Magumise village nor a village head.
Misi was also convicted of leaving out or omitting to fill the portion of particulars of the veterinary officer or dip tank attendant on the required ZRP form.
"Behind the background of all this is the fact that these beasts were not stolen at all, but it was the manner of clearing the beasts which I was punished for. I did this in a bid to assist Mapuranga, who owns the beasts, who wanted to transport them," he said, adding: "I do admit that I was wrong and acted in an improper manner, hence I do not deny conviction on the merits."
The matter is yet to be set down for hearing.
Source - newsday
