A MASVINGO-BASED Criminal Investigations Department (CID) officer, who was convicted for bribery, had his appeal against conviction and sentence dismissed by the High Court saying the lower court improperly convicted him.
In a movie style, Tyron Makayi caused drama after he shockingly bolted from the dock and headed for the exit door of the courtroom in a bid to flee from the court after being convicted.
Prison officers were clearly taken by surprise and were helpless before a female cop heroically grabbed and immobilised him before he could make good his escape.
Makayi was arraigned before a Beitbridge magistrate with his two other accomplices, who were later discharged at the close of the State case.
They were facing bribery allegations and Makayi was, however, convicted and sentenced to 36 months imprisonment, with 10 months suspended for five years on condition of good behaviour.
He is serving an effective 26 months jail term and was granted bail pending appeal.
After being convicted and sentenced on May 17 last year, Makayi was aggrieved by both the conviction and sentence and lodged an appeal with the High Court.
He raised four grounds of appeal against conviction and also four against sentence.
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Makayi said the court erred when it found as fact that he drove the complainant’s motor vehicle when he is not a driver.
He said the court erred in dismissing his defence more so as the money offered for the bribe was not recovered and made an incorrect finding that it was returned.
In relation to sentence, Makayi said in view of the mitigating factors, he should have been sentenced to a non-custodial sentence as the effective 26 months imprisonment induced a sense of shock.
Makayi said he was wrongly identified as the culprit probably due to mistaken identity and/or unsubstantiated malice.
Makayi, who is a member of ZRP CID based in Victoria Falls, was at the material time deployed at Beitbridge Border Post together with other security officers from different parts of the country who included members of the army, Central Intelligence Organisation and prison officers.
Their mandate was to curb corruption at the border post.
The complainant was Kenias Mugabe, who resides in Renco, who frequently crosses into South Africa to buy goods for resale back home.
On April 7, 2022, Mugabe in the company of his nephew Martin Severino arrived at the border post from South Africa.
Two men approached them purporting to be clearing agents who could facilitate their quick clearance by issuing a temporary import permit (TIP) licence for R1 500 or US$100 together with import duty in the sum of R13 500.
The complainant and Severino fell for the deal and they paid the fee.
They were issued with a TIP licence number PV83 89 receipt number 2022 R 101352.
The officers at the exit gate got hold of the TIP and advised the complainant that it was fake.
The complainant was told that he was now under arrest and that the motor vehicle was to be impounded.
The officers demanded a bribe of R6 500 in order to release the complainant and the motor vehicle.
The bargaining started as the complainant sought to get his freedom and to have the motor vehicle released.
The complainant revealed that he had no money on him, but could get it from her sister Nomatter Mahachi’s residence.
One of the officers took to the wheel and drove the complainant to Mahachi’s residence, where the three officers were paid R6 500.
After being released, the complainant reported the matter to Zimbabwe Revenue Authority officials, who later engaged the police.
The three officers on duty at the time were arrested for receiving the R6 500 from the complainant and they included Makayi.
In the interim, senior police officers called the complainant and returned the R6 500.
During the course of the trial, evidence was led from several State witnesses, which nailed Makayi, although he denied the offence.
However, in assessing the appeal, High Court judges Justices Garainesu Mawadze and Sunsley Zisengwe in their ruling said: “The lower court was alive that the identity of the appellant was the critical issue. It addressed its mind fully to it. One cannot falter its findings.
“In relation to the sentence, the appellant’s argument is a feeble one. A custodial sentence cannot be avoided. The appellant is a public official. He is a police officer. He fully appreciated the magnitude of his wrongful conduct. Various officers from different security apparatus of the State were probably deployed at the border post to fight corruption.”
The judges added: “The appellant proceeded to do what he was supposed to fight against. It is clear the appellant was determined to get the R6 500. He bargained hard. He left his place of duty and even drove to the residential area and back in order to get the bribe money. Corruption is a cancer and government policy in that regard is clear.
“The court a quo was proper to impose an effective custodial sentence and its discretion cannot be said to be injudicious.
“It is for these reasons that the appeal against both the conviction and sentence were dismissed in their entirety.”
