ZIMBABWE Anti-Corruption Commission officer Smart Marlon Mandofa who was arrested for allegedly interacting with a complainant who was allegedly being wanted by the police has been freed on $100 000 bail.
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 allegations were scrutinised in court this afternoon with Mandofa’s lawyers now pushing to have Sivan incarcerated for interfering with witnesses in the fraud trial set for March 28.
He has been trying to avoid trial and initially tried to have the charges withdrawn which failed. His lawyers also applied for quashing of charges which was again dismissed by the High Court. Sivan then caused the arrest of Mandofa which has been viewed as direct interference with a possible witness with the lawyers calling for his investigation and possible incarceration.
The police accused Mandofa and the other Zacc officers of associating with Shabtai whom they allege was on an outstanding warrant of apprehension and a fugitive from justice. The warrant has however turned out to be nullity, which Dandanyika admitted, as it is not recognised at law having been issued on a non-existent provision.
He failed to justify the Shabtai fugitive claims after it was proved to him that the businessman was in the country last where he was cleared at the airport before meeting the president. The State had opposed bail against Mandofa saying they have a strong case against him which however failed to stand with Dandanyika conceding that Mandofa was arrested for doing his job, receiving instructions and cases to investigate and arrest.
His lawyer Admire Rubaya described the arrest and targeting of other Zacc officers as direct interference with possible witnesses in the matter which is set for trial on March 28 before the High Court. During cross examination, Dandanyika was at pains to prove that there was a red notice against Shabtai.
He also failed to prove that there is an existing case against Shabtai and was shown documents to show that the matter was declined by the prosecution.
He was accused of being a hired gun, brought to court to lie against his fellow cop who was seconded to Zacc before conceding to have him granted bail.