News / National
CIO informer gets court reprieve
02 Aug 2017 at 07:08hrs | Views
ACENTRAL Intelligence Organisation (CIO) informer, Delish Nguwaya, facing extortion allegations, yesterday successfully applied for stay of prosecution and referral of his matter to the Constitutional Court (ConCourt), arguing that police removed vital information from his docket.
Nguwaya is facing charges of extorting $19 990 from a Chinese businessman, Baonin Guo.
He is jointly charged with Mbereki Mbizo Nyathi, Vengai Zano and Clever Gadzikwa.
Nguwaya told regional magistrate Temba Kuwanda that he was being persecuted in order to shield senior police and intelligence officers from the crime.
He implicated Chief Superintendent Nyaradzai Majachani and Superintendent Shepherd Tachiona and two other senior intelligence officers.
In referring the matter to the ConCourt, Kuwanda said the investigator, Superintendent Nyambo Viera, lied to the court by removing vital information from Nguwaya's docket.
"Viera was supposed to record the statement and surrender it to the Prosecutor-General's (PG) Office for determination, but he chose to remove some vital information in order to protect some individuals," Kuwanda said.
He also ruled that Viera misled the court into believing the prosecution of Nguwaya came from the PG's Office when in fact it was his decision.
Nguwaya had earlier told the court that he gave self-incriminating evidence based on the assurance from the deputy director in the Office of the President, Kizito Gweshe, that he would be given immunity from prosecution.
Allegations are that on June 13 last year at around 3pm, Zano, Gadzikwa and Nguwaya presented themselves as a team comprising members of the Criminal Investigation Department, President's Office and Zimbabwe Revenue Authority and wanted to check the Chinese company's documents.
It is alleged they took $19 900 from the complainant, who together with his partner believed the accused were on a sanctioned operation and decided not to report the matter.
Michael Reza appeared for the State.
Nguwaya is facing charges of extorting $19 990 from a Chinese businessman, Baonin Guo.
He is jointly charged with Mbereki Mbizo Nyathi, Vengai Zano and Clever Gadzikwa.
Nguwaya told regional magistrate Temba Kuwanda that he was being persecuted in order to shield senior police and intelligence officers from the crime.
He implicated Chief Superintendent Nyaradzai Majachani and Superintendent Shepherd Tachiona and two other senior intelligence officers.
"Viera was supposed to record the statement and surrender it to the Prosecutor-General's (PG) Office for determination, but he chose to remove some vital information in order to protect some individuals," Kuwanda said.
He also ruled that Viera misled the court into believing the prosecution of Nguwaya came from the PG's Office when in fact it was his decision.
Nguwaya had earlier told the court that he gave self-incriminating evidence based on the assurance from the deputy director in the Office of the President, Kizito Gweshe, that he would be given immunity from prosecution.
Allegations are that on June 13 last year at around 3pm, Zano, Gadzikwa and Nguwaya presented themselves as a team comprising members of the Criminal Investigation Department, President's Office and Zimbabwe Revenue Authority and wanted to check the Chinese company's documents.
It is alleged they took $19 900 from the complainant, who together with his partner believed the accused were on a sanctioned operation and decided not to report the matter.
Michael Reza appeared for the State.
Source - newsday
