FORMER police commissioner-general Augustine Chihuri who is facing corruption charges wants the unexplained order brought before the High Court dismissed on grounds that it is unconstitutional.
Chihuri is accused of syphoning State funds during his 25-year reign benefiting his family and inner circle. He allegedly sought refuge in Malawi following the resignation of the late President Robert Mugabe in November 2017.
The State is seeking to forfeit some of his properties as well as to recover US$32million allegedly lost through the alleged corrupt practices.
The hearing took off before High Court judge, Pisirayi Kwenda yesterday with Chihuri’s legal representative Addington Chinake presenting his arguments.
However, power cuts experienced at the court during the morning session forced the matter to be rescheduled to 2.30 pm in the afternoon subject to the availability of power.
When electricity was restored Chinake took his stand exonerating his client of any wrongdoing as he sought the discharge of the order issued by the state.
“The affidavit by the officers tendered by officers who were not in the service at the time and have no personal knowledge commissioner (Godwin) Matanga himself is the one who dealt with the first applicant but has not furnished the court with any allegations hence the court cannot go by hearsay,” submitted Chinake.
“The court doesn’t balance the interests of the applicants in assets that they say were illegitimately acquired…, there cannot be mass forfeiture which is essentially what this case is about. It’s about mass forfeiture, unconnected, unproven and just following mere allegations. There’s been no regard to the working history and businesses of the applicant…, the applicant is seeking its discharge principally on the basis that it’s an unconstitutional order where there was no right to be heard right to the administration of justice.”
Chinake further alleged bias against Chihuri who rose through the ranks.
“The first applicant has been gainfully employed since 1980. He is not a dubious character who suddenly woke up to amass such wealth. It’s painful, for example, that the applicant being a beneficiary of the land reform programme was also a farmer producing maize which he sold to GMB. However, after the November 2017 events this maize would not be accepted by the State so the applicant cannot be said to have obtained money or generated money through improper or elicit means when in fact he has chronicled before this court full details of how he was engaged in banana farming, maize farming which was sold for profit,” he said.
“All the applicant has to do is show good cause; he has shown good cause by showing defects of an unconstitutional nature, he has gone further to actually explain how these assets were acquired. I highlight the ridiculous position at stake where vehicles that he was issued as commissioner-general and that were given as part of his retirement package, he is now being asked to explain. Surely such conduct is unreasonable; it’s unfair and has been obtained in a totally unconstitutional manner in the same vein the applicants were never given an opportunity to be heard up to today.
Chinake ripped through then prosecutor-general Kumbirai Rwodzi for allegedly harbouring ulterior motives against his client.
“I respectfully submit that the PG’s approach to this matter demonstrates the hazard that exists in allowing the public officials unfettered power to simply point at a person and ask you to explain. The conduct of the PG in my own submission is irrational and it is unconstitutional. The PG actually records that these vehicles were registered with the ZRP but they were now transferred to the applicant’s name and he is now being asked to explain…This points to the existence of some ulterior motive.
“When you have such power you have to exercise such power judiciously, fairly and you should give any such person due notice of what you intend to do and affording them opportunity to respond and an opportunity to be heard and where they see reason to take action they must give reasons for doing that. This case is a good example where the PG’s office did not satisfy these requirements and for that reason this unexplained wealth order was obtained improperly and in an unconstitutional manner and must be set aside.”
The matter was adjourned to March 29.