A Bulawayo-based Roman Catholic Priest who had been dragged to court for allegedly blocking Zimbabwe Anti-Corruption Commission (ZACC) officers from arresting his relative, who is accused of defrauding Grain Marketing Board of close to US$100 000, has been found not guilty.
Father John Sewera appeared on Thursday before Bulawayo Provincial magistrate Richard Ramaboea facing a charge of defeating or obstructing the course of justice under section 184 of the Criminal Law (Codification and Reform) Act chapter 9:23.
The State, represented by Denmark Chihombe, alleged that Sewera tried to shield his relative, Mthandazo Gumede, who was being investigated for being part of a group of GMB workers who were accused of defrauding the company of US$100 000.
At the end of the trial, Sewera walked out of the dock a happy man after Mr Ramaboea found him not guilty and acquitted him.
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Mr Ramaboea stated that the State failed to prove its case beyond reasonable doubt and stated that Criminal Law (Codification and Reform) Act section 184(1)(e) demonstrates without any ambiguity that the provision criminalises obstruction of justice against police officers investigating alleged criminal conduct. The section does not extend to include the Zacc officials.
Allegations against Father Sewera are that on 3 March, in Bulawayo, knowing that ZACC officers were investigating the commission of a crime in which his relative Gumede was involved as an accused, allegedly phoned Sibusiso Violla Nyathi while ZACC officers were enquiring about Gumede. The Priest allegedly instructed her not to talk to ZACC officials or divulge any information about the whereabouts of Gumede.
It is alleged that while ZACC officers were enquiring about Gumede’s whereabouts Gumede was reportedly hiding at Sewera’s home in Bulawayo’s Lobengula West suburb.
ZACC officers rushed to Sewera’s home and it turned out that Gumede had already fled.
