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Patrick Chitumba Midlands Bureau Chief
The police’s investigation department and the prosecution dealing with corruption cases need to be revamped and capacitated as criminals continue to get sophisticated.

Officially opening the 2019 legal year for Gweru High Court Circuit on Monday, Bulawayo High Court judge Justice Thompson Mabhikwa, said modern trends required investigators aim for more than just a plea of guilty.

Justice Mabhikwa said the joint efforts of the Government and the Judiciary Services Commission in setting up the specialised anti-corruption courts to deal with corruption related cases cannot go to waste.

“It is my very fervent wish that all those institutions in the justice delivery system be revisited, be capacitated and where unnecessary be revamped completely to equip them adequately for the fight against corruption,” he said.

“I am of the view therefore that our primary institutions in the system, the police investigators and the prosecution, whilst doing their best, perhaps need a good revamp and recapacitation as criminals in this area of the law seem to have outpaced them threefold.

‘‘Gone should be the days when a suspect would be taken to court on the basis that he is admitting the charges and in the hope that he would still plead guilty in court.”

Justice Mabhikwa said with the advancement in technology, recording of a suspects’ admission or confession should now be done without coercing the individual at all, but in a manner that one cannot later recant.

“No case – the judge said – should ever be taken to court half-baked in the wrongly held belief that the magistrate or judge will, “finish the cooking” before delivering judgment,” he said.

He said a judge or magistrate must always remain impartial in the dispensation of justice, lest they be asked to recuse themselves.

“Perhaps like in other jurisdictions, it is time our police investigators and prosecutors worked closely together right from the investigation stage. They should gather the evidence diligently, prefer the correct charge and then select their witnesses properly before taking the matter for trial.

“I agree with the sentiments of a senior lawyer a few weeks ago who commented that prosecution should go far and beyond merely arresting a suspect and taking him to court for remand appearances. He lamented that of late, suspects were being arrested and taken to court, which only serves to raise false hope in the nation and embarrass the suspects,” said Justice Mabhikwa.

For this term – Justice Mabhikwa said the Gweru High Court has 17 cases set down for trial in the next two weeks.

“All the 17 cases involve the violent murder of a human being. Most involve either violent blows directed to the head or stabbing of the neck or chest,” he said.

“A stab on the neck for example will almost invariably pierce a vital blood carrying vessel leading to fatal bleeding. The head, neck and chest are vital parts of the human body. In fact violent death at the hands of another human being is a challenge that seems to persist. The now too common machetes in the makorokoza communities are a cause for concern.”

Justice Mabhikwa said a total of seven women were killed and three other were facing murder charges.

“Needless to say, quite a number of the 17 murders can be classified as crimes of passion, some in senseless fits of jealousy rage. On the whole however, the murders arise from very petty disagreements and our courts have always lamented the loss of life arising from such petty issues like cigarette, small debt, fighting over a woman, mistakenly spilt beer and at times with completely no reason other than one’s macho ego,” he said.

Justice Mabhikwa said the Bulawayo High Court last year received a total of 4785 cases and completed a total of 4 971 thereby eating into the backlog carried forward from 2017 despite the fact that the bench had only four judges from six previously.