Supreme Court upholds High Court ruling granting C...

Supreme Court upholds High Court ruling granting Chihuri access to his assets

Zim Now Writer

The Supreme Court has ruled that former Police Commissioner General Augustine Chihuri will retain some of his properties as the state has failed to prove that they could have been acquired from proceeds of crime.

The ruling is in favour of Chihuri against an appeal after the National Prosecuting Authority appealed against the removal of some of his properties from the unexplained wealth orders, five months ago.

Chihuri got back control over some of the properties he acquired during his 25 years at the helm of the police force following a High Court judgment in June this year.

The NPA took the matter up to the Supreme Court challenging the decision.

A three-judge panel comprising Justices Susan Mavangira, George Chiweshe and Joseph Musakwa upheld the decision by Justice Pisirayi Kwenda earlier this year and struck the appeal off the roll citing non -compliant and defective grounds of appeal.

The High court had accepted Chihuri’s explanation on his source of funds generally.

Chihuri argued that over the period of employment, he made savings on salaries, bonuses, savings from foreign trips and conditions of service benefits. He said he was a delegate and vice president for Interpol in Africa and was remunerated in US dollars.

The High Court also noted that Chihuri acquired all the assets prior 2017 the year in which the State alleges he became involved in serious crime.

Justice Kwenda ruled that therefore the State is not justified in insinuating that they are proceeds of crime because they were all acquired prior to the year 2014.

It was the court’s finding that the unexplained wealth orders were unreasonable and unjustified and that had Chihuri been afforded the opportunity to explain it is unlikely that this court, acting reasonably and carefully would have granted the ex parte unexplained wealth order.

Chihuri was represented by lawyer Addington Chinake of Kantor & Immerman and Chief Law officer and head of assets forfeiture unit Chris Mutangadura stood for the State.