Abdul & co bail success: Case of arresting to investigate

The festive season is upon us, and as has become the norm, criminals of all kinds – from petty thieves to armed robbers – are making their rounds, pouncing on unsuspecting citizens and helping themselves to their possessions.
Just a couple of weeks ago, a Toyota Wish without number plates picked up Goromonzi-bound passengers at Simon Muzenda (formerly Fourth Street) bus terminus, only to drop them midway through.
The unlucky women and one man on board were left stark naked, having been robbed of all their possessions.
As we draw closer to Christmas, it has been “normalised” to witness an increase in the number of reported cases, which is why there is public outrage over the release of suspected armed robber Musa Taj Abdul (47) and his two co-accused Godfrey Mupamhanga (27) and Rudolf Tapiwa Kanhanga (29) on bail.
This follows their arrest in Beitbridge together with five others including Liberty Mupamhanga, Charles Lundu, Prince Makodza, Tapiwa Mangoma alias Tapa and Innocent Jairosi in August this year.
Abdul is said to have been on the run for more than 20 years.
Adbul and Mupamhanga were granted $5 000 bail each while Kanhanga was released on $2 000 bail.
Blame is being thrown around, most of which landing on High Court judge Justice Benjamin Chikowero who granted Abdul and his team bail.
The law being the law, a judge rules after deliberating on the evidence presented, in this case, the State has no strong case against the trio.
This is just another case of arresting to investigate by the police, a practice that dates back to when police officers would torture a suspect until they admitted to a crime, even if they had not committed it.
Now that beating and torturing inmates is illegal, they are failing to adapt and change tactics thus in the end arresting people on suspicion of crimes and then investigating the cases while the ‘criminals’ are in remand prison.
It does not matter what they think they know, even the worst of criminals are innocent until proven otherwise, a principle that the law followed in this instance.
If they had proven that Abdul and his band of armed robbers were really on the run for the past two decades, no judge would have freed them, lest they skip bail.
It is time the police learn how to investigate, build a strong case, and then arrest their suspects.
The prosecution is often left with egg on its face due to such legal flaws as they would have been forced to present cases with weak evidence before the courts.
No matter how numerous the charges are or the seriousness of the alleged crimes, as long as there is no evidence, they remain just that – allegations!
This is precisely why the police and the various anti-corruption arms of the State have been accused of employing a “catch and release” policy. It is reducing public confidence in law enforcement and the judiciary.
How will their victims react to such news? Will they ever have that trust in the authorities again? Nhau/Indaba

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