BY Garikai Mafirakureva
Chiredzi farmer Tony Renato Sarpo (52 has made an urgent court application, seeking an interim order barring Rhodesville police from arresting him and stay of prosecution in any case involving Matabeleland Engineering.
Sarpo is facing six separate criminal charges, mostly theft of trust property and fraud, with two still pending at Chiredzi Magistrates’ Courts and four at Harare Magistrates’ Court.
Magistrate Nyasha Vitorini on December 11, 2019, convicted him on charges of theft of trust property (selling company vehicle) and sentenced him to 12 months, six of which were conditionally suspended. The remaining six months were commuted to 210 hours community service at Police Morris Depot.
On November 19 2019, Justice Owen Tagu threw out a similar application, arguing that it was not urgent and that the cases were reported long back and that relief sought was incompetent as the court could not interfere with matters pending at other courts.
Tagu added that the court could not give a licence that the applicant should not be arrested in the future if he commits a criminal offence.
In his latest application, filed by Matangira and Associates at the High Court on March 6, Sarpo cited Wayne Williams and Matabeleland Engineering, officer-in charge Rhodesville Police Station nomine officio, the Prosecutor-General Kumbirai Hodzi, Home Affairs minister Kazembe Kazembe and police Commissioner-General Godwin Matanga as first to sixth respondent, respectively.
The application read: “The applicant seeks in the interim an order that is two-fold. First, an order for stay of prosecution in the matters involving Matabeleland Engineering for the reason that the same are meant to harass and abuse the applicant, thereby infracting his constitutionally established right to liberty and dignity.
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“Secondly, an order that bars the officers at Rhodesville Police Station or any other police station from arresting the applicant on allegations brought by the first and second respondents. On the return date, applicant prays for an order that renders multiple arrests and prosecutions against him to be illegal and unlawful.”
