A fierce clash is looming between the Zimbabwe Anti-Corruption Commission (ZACC) and the Zimbabwe Republic Police after the police arrested a Zacc officer who is investigating a fraud case involving businessman Ofer Sivan.
Smart Marlon Mandofa who is a Zacc officer is the one who arrested Sivan on allegations of defrauding his business partners Gilad Shabtai and Munyaradzi Gonyora.
The police are alleging that Mandofa associated with Shabtai who was on a warrant of apprehension, allegations he is denying.
“These allegations are clearly hogwash, there is no clarity as to how and when I associated with Gilad Shabtai at the time. If a person is on an alleged outstanding warrant of arrest which is not placed or served upon me should I refuse to investigate a matter which is allocated to me. Does this mean that where the facts disclose an offence I should not arrest a suspect and take them to court? Isn’t it correct that the complainant was supposed to challenge his placement on remand in the first place not to arrest a mere police officer like me?” Mandofa through his lawyers said.
This is after Sivan had reported Shabtai and Gonyora to the police accusing them of fraud, allegations which have since collapsed with the Acting Prosecutor General Nelson Mutsonziwa confirming in a letter that they have no case against Shabtai.
Close sources have described the move by the police as interference with an ongoing investigation which has been set for trial on March 28.
This has also been seen as an attempt by Sivan to avoid trial as the police have targeted all the investigating officers who are possible witnesses in his fraud case.
Sources indicated to this publication that Zacc have tried to engage the police but to no avail an action which they are not taking lightly.
His legal representatives were by late afternoon with him at the police where he is distancing himself from the allegations.
“I deny the charges in their entirety. This is a ploy by Ofer Sivan to interfere with State witnesses and investigations into his fraud matters that have already been charged. I never abused my duty as a public officer in the manner alleged or at all. I am shocked that I am alleged to have unlawfully associated with a complainant who was on a warrant of arrest. For the record there should be evidence that I was served with the alleged warrant of arrest and that I associated with the alleged complainant. There is no clarity as to how I allegedly associated with him. There is need for evidence which proves the alleged association,” he said.
Mandofa said his arrest also implicates others in the criminal justice system who were responsible for prosecuting Sivan.
“This therefore further implicates that the court which proceeded to place Ofer Sivan on remand after being informed that the complainant was on a warrant of arrest has to also be questioned. The same applies to the Public Prosecutor who placed him on remand, opposed bail on behalf of the State and continued to remand him until he was indicted to the High Court where he is already facing fraud charges and is supposed to appear in court on the 28th of March 2023,” he said.
At law, Mandofa argues that the said warrant was improperly issued hence a nullity which he cannot be arrested on.
“I have further learnt that the alleged warrant of arrest against the complainant was never a valid warrant in the first place. It was allegedly issued by her Worship Mateko basing on a non-existing provision of the law. There is no section 37 (1) of the CPEA which was allegedly used to issue a warrant of arrest.
“In the circumstances these charges are a clear abuse of the criminal justice system. If there was no valid warrant of arrest in the first place, then Gilad Shabtai was not on a warrant of arrest then these charges become a nullity.
“one cannot put something on nothing and expect it to stand, it will collapse. The warrant of apprehension was itself an abuse of the criminal justice system for it was sought and granted based on non-existent provision of law and cannot be used to cause my arrest,” he said.
