Former Vice President Phelekezela Mphoko has made an application to have his criminal abuse of office case referred to the Constitutional Court after Harare Magistrate, Hosea Mujaya had dismissed his application to have the matter heard in Bulawayo.
Mphoko wants the court to establish whether his case qualifies for presidential immunity or not since the alleged crimes were committed whilst he was in office.
The ex-VP had asked for his matter to be heard in Bulawayo since it was not sustainable to continue to come to Harare where he had no residency.
However, Prosecutor Lovert Masuku argued that the offence had been committed in Harare and Prosecutor-General Kumbirai Hodzi, who has the final say on the issue of trial venue, had rejected Mphoko’s request.
Concurring with the state, Magistrate Mujaya dismissed the application saying:
It is common cause that the offence was committed in Avon- dale, Harare. No suggestion has been made for the trial to be held in Midlands province, which is central. I do not think it will be proper for this court to change the venue.
Mpohoko is accused of having arm-twisted the police in 2016 to force the release of two ZINARA bosses, Davison Norupiri and Moses Juma who had been arrested over corruption allegations.
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