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Court Reporter

POLICE Provincial Intelligence Officer Vigai Maunganidze, who was allegedly found in possession of a leaked University of Zimbabwe Faculty of Law examination paper, is expected back in court today for the ruling on his bail application.

Maunganidze is charged with violation of the Data Protection Act.

He applied for bail after the court threw out his application challenging his placement on remand.

Through his lawyer, Mrs Josephine Chimombe, Maunganidze argued that the State could not place him on remand since there was no reasonable suspicion that he committed the offence as he was not found in possession of the exam paper in his phone, nor was it proved that he had once possessed it.

Harare regional magistrate Mr Trainos Utahwashe ruled that the arrest signalled reasonable doubt that Maunganidze could have committed the offence, which warranted his placement on remand.

The court was aware that the police must not arrest to investigate, but Mr Utawashe was willing to allow police to complete their investigations.

Maunganidze was then quick to apply for bail.

The State led by Mr Ephraim Zinyandu opposed to bail, saying Maunganidze was likely to interfere with witnesses and investigations.

Mr Zinyandu led evidence from Zimbabwe Anti-Corruption Commission investigating officer Farai Chakavarika, who told the court that Maunganidze already attempted to interfere with investigations.

“He told a witness to delete the data from his phone,” he said.

“The witnesses are confirming that he advised them to destroy or delete the papers he had sent to them. A witness, Farai Madombi, told us that accused told them to delete the papers.”

In his bail application, Maunganidze told the court that he would not interfere with witnesses. He questioned Madombi’s motives when he told ZACC officers of the existence of the exam paper.

“Farai Madombi is at centre of investigations and I do not know the motive behind his actions,” said Mrs Chimombe.

“He went to police and provided the police with information and now he is saying he is interfered with.It is clear that the evidence the State is relying on is accomplice evidence, which we will urge the trial court to invoke the precautionary rule to that piece of evidence. The fear (of interference) can be cured by an order not to interfere with witness.”

Mrs Chimombe told the court that Maunganidze was a senior member in the police who knew the implications of violating court orders.