Mafume to spend another night behind bars


Harare mayor councillor Jacob Mafume will spend the night behind bars on charges of defeating or obstructing the course of justice, or alternatively contempt of court.
Mafume allegedly tried to bribe a key witness in a case that is pending before the courts in which he was released on Z$30 000 bail.
Recently, the mayor spent two weeks behind bars after allegedly influencing the issuance of stands to his sister and a workmate without following due process.
The State led by Constance Ngombengombe told Harare regional magistrate Ngoni Nduna that on 12 December this year Mafume called Edgar Dzehonye via WhatsApp.
He requested that the two meet at Fife Avenue Shopping Centre the next day to discuss issues surrounding his case of criminal abuse of office pending before the courts.
Mafume called Dzehonye the following day changing the rendezvous to Mega 2 situated at Leisure Centre in Hatfield but when they got there, the venue was changed to Avondale Shopping Centre.
While at Avondale Shopping Centre, Mafume allegedly offered Dzehonye US$1 500 to swing his testimony in his favour.
He reportedly told Dzehonye that he had approached Addmore Nhekairo, another witness in the case, who had agreed to testify in his favour after apologising for being pressured to nail him as a witness.
After the meeting, the two parted, but Mafume called Dzehonye again the following day setting up another meeting at Strathaven Shopping Centre where he reportedly offered him US$1000 with the balance being paid later.
During discussions in Dzehonye’s car, police who had been tipped off, pounced on Mafume and effected an arrest.
Citing these circumstances, the State opposed bail saying Mafume had the propensity to interfere with witnesses.
“Court must strike the balance between the liberty of an individual and the administration of justice before granting bail. The investigating officer told the court that Mafume is facing one charge of criminal abuse of office wherein he was granted bail by the High Court with conditions.
“Mafume went on to interfere with the witnesses, and using that background he has shown the propensity of interference. If granted bail, he may continue interfering with witnesses,” submitted Ngombengombe.
She further stated that Mafume had already attempted to interfere and the State feared that witnesses would not be safe if he is granted bail and that Mafume would be induced to flee standing trial.
However, Mafume’s lead counsel, Advocate Thabani Mpofu said his client was innocent and the State was relying on a false narrative which emanated from a “botched trap gone bad”.
“State has a very heavy onus to prove that there are cogent reasons supported by evidence justifying the denial of bail. As a constitutional entitlement, bail must in practice be capable of an objective existence through decisions that favour liberty and as it does so, it secures the presumption of innocence,” Mpofu submitted.
Mpofu further argued that the State also failed to show evidence of call records between his client and Dzehonye making him a good candidate for bail as no compelling reasons were placed before the court.
“There are no call records between the two parties and the unavailability of the records must be considered together with the cell phone number relied on by the State which does not belong to Dzehonye but Gertrude Dumba. The onus being evidential has not been discharged by the State. The State must do more than make an allegation.”
Magistrate Nduna will give his ruling to either grant or deny Mafume bail Thursday morning. Nhau/lndaba

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