Tsenulo Moyo
A GWANDA magistrate who solicited US$3 000 from a businessman has been jailed for five years.
Talent Phiri (35), of Mount Cazalet suburb, pleaded not guilty to criminal abuse of duty as a public officer but was convicted after a full trial by Harare regional magistrate Farai Gwitima sitting at the Tredgold Magistrates Court in Bulawayo.
Gwitima heard the case after Bulawayo magistrates recused themselves.
Phiri was sentenced to seven years imprisonment, with two years suspended on condition that he does not commit a similar offense within a period of five years. He was also ordered to return the money he had received as a bribe.
While passing sentence, the magistrate stated that corruption has become a rampant pandemic and that the courts must actively combat it as it has spread throughout the country.
“Members of the judiciary must honor their public offices and must not solicit gifts or bribes. The aggravating factors far outweigh the mitigating factors in this case,” charged the magistrate.
Gwitima also stated that all the witnesses presented sufficient evidence, and the offender was caught red-handed.
“The State’s case was credible, and accordingly, the accused is found guilty,” he said.
In mitigation, Phiri’s lawyer, Prince Butshe Dube of Mathonsi Ncube Law Chambers, pleaded for a lenient sentence.
He argued that Phiri was a first-time offender who had already lost his job and was the sole breadwinner for his wife and three children.
Prosecuting Acumen Khupe told the court that the offence occurred after Phiri granted an interim protection order to Qiniso Ncube against her former husband, Lungisani “Two minutes” Ncube, on August 27 last year.
As per standard procedure, a warrant of arrest for Ncube was attached to the protection order.
On September 4, around 5pm, Phiri called Ncube, claiming he wanted to assist him in his domestic violence case. Phiri falsely alleged that officers from the President’s Office, police, and the National Prosecuting Authority were involved in the case and wanted Ncube jailed.
Phiri then demanded a US$3 000 bribe to prevent Ncube from being sent to remand prison.
“The complainant informed Phiri that he would try to raise the money, but Phiri persistently called to demand it,” said Khupe.
The court heard that during one of their phone conversations, Ncube negotiated the amount down to US$2 500. Phiri instructed him to deliver the money to his residence in Mount Cazalet at 6am the following day.
Ncube reported the matter to the police, providing audio recordings of his conversations with Phiri. A trap was set up, with the trap money photocopied and certified.
The following morning, the police accompanied Ncube to execute the sting operation. Phiri was arrested at his residence after accepting the trap money. The cash was recovered from the right pocket of his boxer shorts.
In his closing arguments, Khupe highlighted the severity of Phiri’s actions, saying Phiri abused his position as a judicial officer, exploiting court proceedings for personal gain.
“Such conduct erodes public confidence in the justice system and warrants a fitting sentence,” said Khupe
