AN investigator from the Zimbabwe Anti-Corruption Commission, Smart Marlon Mandofa appeared in court this afternoon after he was arrested for allegedly interacting with a complainant who was allegedly being wanted by the police.
Mandofa investigated and arrested businessman Ofer Sivan in a fraud case involving US$762 000 and ZWL$22 million.
The police have now turned on him and arrested him and seeking to arrest two other Zacc officers accusing them of interacting with Gilad Shabtai who is the complainant against Sivan.
The investigator says his arrest is just but persecution by Sivan as he is being arrested for doing his job.
The matter has set the two investigating bodies, Zacc and ZRP on a collision course.
The State through deputy prosecutor general Michael Reza had Mandofa incarcerated to Monday without bail saying there was no prosecutor at the Harare magistrates court to prosecute the matter.
Reza said he was not properly dressed to deal with the matter and that he was conflicted as he knows Mandofa.
Husband lawyers Admire Rubaya and Stephen Chikotora described the incarceration as a sad for justice.
Mandofa is denying the allegations and described his arrest as a ploy by Sivan to avoid trial.
“I deny the charges in their entirety. This is a ploy by Ofer Sivan to interfere with State witnesses and investigations into his fraud matters that have already been charged. I never abused my duty as a public officer in the manner alleged or at all. I am shocked that I am alleged to have unlawfully associated with a complainant who was on a warrant of arrest. For the record there should be evidence that I was served with the alleged warrant of arrest and that I associated with the alleged complainant. There is no clarity as to how I allegedly associated with him. There is need for evidence which proves the alleged association,” he said.
It has also emerged that currently there is no case against Shabtai and the Acting Prosecutor General Nelson Mutsonziwa has assured him of his security when he comes to testify against Sivan in the matter.
His lawyer said the said warrant was improperly issued hence a nullity which Mandofa cannot be arrested on.
“I have further learnt that the alleged warrant of arrest against the complainant was never a valid warrant in the first place. It was allegedly issued by her Worship Mateko basing on a non-existing provision of the law. There is no section 37 (1) of the CPEA which was allegedly used to issue a warrant of arrest.
“In the circumstances these charges are a clear abuse of the criminal justice system. If there was no valid warrant of arrest in the first place, then Gilad Shabtai was not on a warrant of arrest then these charges become a nullity.
“one cannot put something on nothing and expect it to stand, it will collapse. The warrant of apprehension was itself an abuse of the criminal justice system for it was sought and granted based on non-existent provision of law and cannot be used to cause my arrest,” he said.
