News / National
Prosecutor Bosha removed from remand after criminal review
11 Sep 2024 at 08:53hrs | Views
A prosecutor accused of granting bail to armed robber suspect Musafare Mupamhanga without proper consultation has been removed from remand following a High Court review.
Arthur Bosha faced allegations of criminal abuse of office after he was accused of unilaterally consenting to bail for Mupamhanga, who is linked to a notorious gang led by Musa Taj Abdul. The case was brought before Harare regional magistrate Marehwanazvo Gofa.
However, the matter was withdrawn before a plea could be entered after a High Court criminal review determined that the standard operating procedures (SOP) and a memorandum by Chief Law Officer Michael Mugabe, which Bosha was alleged to have disregarded, were not legally binding.
Justice Pisirayi Kwenda's review found that both the SOP and the memorandum, which predate the 2013 Constitution, did not have legal force. Therefore, Bosha's alleged disobedience could not be properly charged as criminal abuse of duty.
The High Court ruled that Bosha was not obligated to adhere to policies or directives that were not legally binding. It was argued that these documents may have had legal weight before the 2013 Constitution but were invalid thereafter.
The State had claimed that Bosha had bypassed the Attorney-General's Office's SOPs, which require that bail decisions be made in consultation with the area public prosecutor or the public prosecutor in charge, and the chief law officer. Bosha was accused of showing undue favor to Mupamhanga by granting bail without proper authority.
With the High Court's ruling, the prosecution's case against Bosha was deemed insufficient, leading to the dismissal of the charges.
Arthur Bosha faced allegations of criminal abuse of office after he was accused of unilaterally consenting to bail for Mupamhanga, who is linked to a notorious gang led by Musa Taj Abdul. The case was brought before Harare regional magistrate Marehwanazvo Gofa.
However, the matter was withdrawn before a plea could be entered after a High Court criminal review determined that the standard operating procedures (SOP) and a memorandum by Chief Law Officer Michael Mugabe, which Bosha was alleged to have disregarded, were not legally binding.
Justice Pisirayi Kwenda's review found that both the SOP and the memorandum, which predate the 2013 Constitution, did not have legal force. Therefore, Bosha's alleged disobedience could not be properly charged as criminal abuse of duty.
The High Court ruled that Bosha was not obligated to adhere to policies or directives that were not legally binding. It was argued that these documents may have had legal weight before the 2013 Constitution but were invalid thereafter.
The State had claimed that Bosha had bypassed the Attorney-General's Office's SOPs, which require that bail decisions be made in consultation with the area public prosecutor or the public prosecutor in charge, and the chief law officer. Bosha was accused of showing undue favor to Mupamhanga by granting bail without proper authority.
With the High Court's ruling, the prosecution's case against Bosha was deemed insufficient, leading to the dismissal of the charges.
Source - newsday
