Magistrate blasts prosecutor for unprofessional behaviour

A HARARE magistrate yesterday blasted as unprofessional the conduct of the State anti-corruption special prosecutor in the case of Postal and Telecommunication Regulatory Authority (Potraz) director-general Gift Calisto Machengete after he failed to appear in court on four consecutive occasions.

Magistrate Hosea Mujaya was unimpressed by Thabani Mpofu, who failed to appear in court to lead the State case in which Machengete is accused of violating tender procedures.

Machengete, through his lawyers Selby Hwacha and Farayi Zuva, filed an application for exception of charges, challenging the facts of the State outline, which did not disclose an offence.

The State was expected to respond on April 1, while the ruling was supposed to be passed yesterday.

But Mpofu failed to appear in court or file a response to that application. Mpofu only asked another prosecutor Tinashe Makiya to ask for a postponement to April 9 on his behalf for submission of a response.

Zuva then told court that there was no prejudice if the court proceeded to rule on the matter as the State had failed to submit the response.

But Mujaya was irked by the non-availability of the State, accusing prosecutors of belittling the court.

"Honestly, the State is taking this court for granted. Chief Chinamhora's court is better than this one. I will make a ruling on April 17 whether the State bunks court (or not). One can only urge the court to be there. It seems like we do not have a State anymore," Mujaya said.

Machengete's bail reporting conditions were removed by the court and his passport was temporarily released to allow him to attend to government business in Switzerland after he was granted a Cabinet authority to attend.
He will return his passport on April 17.