messages. He then travelled to Complainant’s homestead to ascertain the matter. After
his investigation he charged Constable Dzimano in terms of the Criminal Law
(Codification and Reform) Act and in terms of the Police Act. In terms of the Police Act
he charged him with performing his duties in an inappropriate manner. A disciplinary
hearing was conducted at Nyika. Constable Dzimano was convicted and recalled from
being a Member-in-Charge of a police base to being an ordinary police officer at the
Police Station under the supervision of other officers. In terms of the Criminal Code,
Constable Dzimano was charged with kidnapping or unlawful detention. The docket
reference was CR 26/3/17. The case was still pending at Gutu Magistrates Court. It was
at trial stage.
The Officer in Charge further advised the ZHRC that the complainant and two other
villagers were charged with malicious damage to property in terms of the Criminal Code.
They were alleged to be ring leaders of the demolitions. The trial of that case was yet to
commence at Court.
7.2 Interview with the Gutu Public Prosecutor.
The ZHRC interviewed the Prosecutor in Charge of Gutu Magistrates Court in order to
ascertain the case of the complainant. The Prosecutor advised that Complainant’s case
was still pending at Court. It was at trial stage. Concerning complainant’s concerns
about issues arising during cross examination, the Prosecutor advised that there was an
omission of the essential details of the case by the Investigating Officer who omitted to
include that Complainant’s breasts and body were fondled by Constable Dzimano which
amounts to a sexual offence of indecent assault. The ZHRC inquired whether the
Prosecutor did not also have a duty at set down stage to ensure that the recorded
statement from the police was reflective of complainant’s case. The Commission also
inquired whether the Prosecutor communicated to the state witnesses that they were
entitled to witnesses’ expenses to cover for their transport expenses. The Prosecutor
advised that she had done the necessary documents for the witnesses to get their
expenses and would ensure that they got reimbursement. The Prosecutor further
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