Senior doctors accused of criminal abuse of duty acquitted

Harare regional magistrate Marehwanazvo Gofa has acquitted Medical and Dental Practitioners Council of Zimbabwe (MDPCZ) chairperson Dr Rose Kambarami and vice-chairperson Dr Zindoga Bungu on charges of criminal abuse of duty, ruling that the State failed to prove its case.

The two senior medical officials were represented by lawyer Paidamoyo Brian Saurombe and were cleared after a full trial.

They had been accused of authorising the payment of more than US$7 000 in legal fees for their colleague Dr Collen Benyure following his arrest.

The prosecution alleged that Kambarami and Bungu approved the release of funds contrary to council resolutions and in violation of public finance regulations, with the intention of conferring an undue benefit on Benyure.

However, magistrate Gofa ruled that the accused acted in good faith and in line with a board resolution that had been duly approved.

She further found that witness testimony supported the defence version that the decision was collective and not unlawful.

"Their defence is believable, and they are all found not guilty and acquitted," magistrate Gofa ruled.

The court also held that there was no evidence of criminal intent or abuse of office, noting that the decision to assist Benyure with legal fees had been endorsed by the council and included an understanding that he would refund the money if convicted.

The State had alleged that on 17 December last year, Dr Benyure was arrested and later appeared in court facing perjury charges. It further claimed that in March this year, Kambarami and Bungu resolved to authorise payments amounting to US$4 120 and US$3 690.99 for his legal costs.

Prosecutors argued that this contradicted earlier council resolutions which required Benyure to bear his own legal expenses, and that the payments violated provisions of the Public Finance Management Act.

In a related allegation, Benyure was also accused of directing that US$200 be withdrawn from council funds to cover his bail after his arrest, which prosecutors said had not been reimbursed to date.

Despite these allegations, the court concluded that the evidence presented did not establish criminal conduct, resulting in the acquittal of Kambarami and Bungu.