A PROSECUTOR who was accused of consenting to bail for an armed robber suspect, Musafare Mupamhanga, without consulting his superiors, has been removed from remand following a High Court criminal review.
Arthur Bosha had been dragged before Harare regional magistrate Marehwanazvo Gofa facing allegations of criminal abuse of office as a public officer.
Prosecutor Anesu Chirenje withdrew the matter before plea after High Court criminal review indicated that both standard operation procedure (SOP) and the memorandum by chief law officer, Michael Mugabe, which Bosha is alleged to have disobeyed had no force at law.
High Court judge Justice Pisirayi Kwenda’s criminal review ruled that the SOP and the memorandum, not being part of public law, were not binding Bosha and his disobedience to be properly charged with criminal abuse of duty.
In the review, it is cited that Bosha had no duty to obey a policy or directive which was not legally binding because the SOP and Mugabe’s impugned memorandum were invalid, since both predated the 2013 Constitution.
Kwenda said these may have been binding prior to the 2013 Constitution.
It was the State’s case that Bosha unilaterally consented to the granting of bail to Mupanhanga without consulting his superiors.
In consenting to bail, Bosha was said to have disregarded the Attorney-General’s Office (criminal division)’s SOPs, which dictate that applications and bail alterations should be done through the area public prosecutor or the public prosecutor in charge in consultation with the chief law officer.
According to basic procedures laid down in the standard operating procedures of the Attorney General’s Office (Criminal Division), all consents to bail by prosecutors are to be approved by their superiors.
The State had alleged that Bosha showed favour to Mupamhanga, who was part of notorious gang of armed robbers led by Musa Taj Abdul.