Daniel Nemukuyu Senior Reporter
The High Court will tomorrow rule on a bail application by police assistant commissioner Gidion Baloyi, who was last month jailed for nine months for bringing the police force into disrepute.
Baloyi was found guilty of corruptly instructing a junior officer to release a fraud suspect.
Harare magistrate Mr Elijah Makomo ruled that Baloyi’s actions put the force in bad light.
On the bail pending appeal application, Justice Garainesu Mawadze reserved ruling after hearing arguments from Baloyi’s lawyer Advocate Thabani Mpofu and prosecutor Mrs Sharon Fero.
Adv Mpofu, who was instructed by Mr Misheck Hogwe, argued that the trial magistrate failed to give reasons for dismissal of the first bail application, which he said constituted a serious misdirection.
He argued that prospects of success on appeal were high and that if the suspect remained in custody, he would end up serving the sentence before the appeal was heard.
Adv Mpofu argued that the State dismally failed to establish a case against Baloyi but that the magistrate still went on to convict him.
Baloyi instructed a police inspector, only identified as Masara, to release a fraud suspect, Nevermind Nevermind Kufakunesu, but the said Masara never testified at the trial.
Instead, Adv Mpofu submitted, Masara deposed an affidavit denying receiving any instructions from Baloyi.
Adv Mpofu said the State chose not to use him as a witness and he testified as a defence witness, exonerating Baloyi.
A detective who investigated the fraud case, Adv Mpofu said, told the magistrate that he got a phone call from Baloyi well after he had released Kufakunesu.
Kufakunesu, according to the State, was related to a female police inspector in charge of traffic section in Chivhu and Baloyi abused his authority to secure his freedom at the expense of the complainant, Mr Batsirayi Mupindu who was allegedly swindled of chickens worth US$21 000.