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From enjoying the rare advantage of having the State and the defence arrive at court with an agreement to immediately send her home, to being shielded from prying eyes of journalists and their cameras – Henrietta Rushwaya’s alleged gold smuggling attempt case is turning out to be a cliff-hanger.
Already, the case has dragged in members of Zimbabwe Republic Police (ZRP) and the Central Intelligence Organisation, an “investor” who rubs shoulders with government officials.
Even the name of Head of State and government Emmerson Mnangagwa is being mentioned as far away as England in relation to the alleged crime.
An announcement by the ZRP this morning shook many corrupt elements within and outside government:
“The ZRP confirms that six more suspects have been arrested in connection with the gold smuggling investigation on Henrietta Rushwaya. These are Ali Mohamad, Gift Karanda, Stephen Chnjerai Tserayi, Raphios Mufandauya, Superintendent Shoko and detective Chief Inspector Chimhungu,”
With the case involving all these important people, presumably backed by their agencies; what went wrong? Is there a powerful vigilante somewhere that has decided to clean up the rot within the system? Is the beastly ZANU PF at war with itself again? Could it be genuine corruption-fighting by an administration eager to score some gains economically?
Anyway, the edge-of-the-seat crime thriller continues tomorrow. Rushwaya, who is accused of attempting to smuggle US$333 000 worth of gold via RGM International Airport, will appear in court to hear magistrate Ngoni Nduna’s ruling on the changed circumstances to the State’s initial consent to grant her bail.
Why was the State in such a hurry to have her grated bail in the first place? Rather, who was in such a hurry? Did someone just try to be corrupt? If so, then the Zimbabwe Anti-Corruption Commission (ZACC) has its work cut out for it. Heads must roll.
Prosecutor-General Kumbirai Hodzi has already distanced himself from Rushwaya and went a step further by filing charges against Advocate Thabani Mpofu and journalist Hopewell Chin’ono for alleging that he lives with the former ZIFA chief executive officer.
Is Hodzi being honest or simply trying to hoodwink the public and save his own head? Was the NPA’s decision just a coincidence? Was the State trying to apply justice selectively? Criminals found in possession of smaller values on gold related matters are thrown inside, what is so special about Henrietta?
Special she has proved to be so far. On Wednesday morning, officials from the Zimbabwe Prisons and Correctional Services (ZPCS) smuggled her into the courtroom, just as she allegedly attempted to do with 6kg of gold.
Unlike her attempt, which was thwarted by airport security and detectives stationed at RGM International Airport, ZPCS officials were successful in their endeavour.
Media personnel, who had set their cameras to capture her arrival from Harare Remand Prison were caught off-guard, realising too late that Rushwaya had been snuck in behind their backs.
Was Rushwaya And Her Lawyer Played?
At first it appeared as if magistrate Nduna was the only one not playing ball. People wondered if he was upset that he had not been let in on the deal. Was he not briefed? Is he playing strictly by the rules or he is just playing hard ball? Many wondered.
Rushwaya’s case initially came to court first before the papers were referred to the National Prosecuting Authority (NPA), where some sort of deal was struck. When the matter came to be heard by the presiding magistrate, the State had already consented to bail.
Why did the State not accompany its decision with reasons for its basis? Why did the NPA also not tender a letter outlining the basis for granting her bail?
Yes, accused persons have a right to bail, but what was the basis of trying to arm-twist the court into making a decision without giving it a chance to evaluate any merits to enable it to make an informed decision?
Anyway; is there anything wrong for the State and the defence to hammer out a deal like what happened in Rushwaya’s case? Is it a requirement for the magistrate or judge to be involved in the decision-making or he/she is merely informed? Why did Nduna refuse to “rubberstamp” the bail conditions for Rushwaya?
Or perhaps Rushwaya was played. After being offered a deal to snitch on all her accomplices, some of whom have already been arrested, she was thrown under the bus.
What does the law say about a criminal turned into a State witness? Because, let’s face it, the way Rushwaya was quick to reveal the names of the people involved in the alleged smuggling of the gold points to only one thing – she was trying to throw everyone under the bus and save herself in the process.
She was obviously faced with a series of choices – all of which were unattractive – about whether to “cooperate” or dig in and fight. Cooperating witnesses have long been a critical tool for prosecutors in both investigations and criminal proceedings.
Will she survive or it was all in vain? Nhau/Indaba
