Wrongly Convicted Database Record

 

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Sergeant Mhodza

 

Charge:

Criminal Charge Misdemeanor

Sentence:

$10 fine

Years Imprisoned:

Year Crime:

2014

Year Convicted:

2016

Year Cleared:

2018

U.S. State or Country of Crime:

Zimbabwe

County or Region of Crime:

Bulawayo

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Sergeant Mhodza was wrongly convicted of illegally detaining a bus traveling from Nikayi to Harare, Zimbabwe on August 7, 2014. Mhodza and his team were manning a roadblock along the Bulawayo - Harare road when they stopped an inter-Africa bus carrying Zanu-PF delegates to a party congress in Harare. When the driver failed to produce a hire permit authorising him to carry passengers, Mhodza followed protocol and ordered the driver to pull off the road and pay a $15 fine. Mhodza refused to release the bus even though some of the delegates demanded he do so, and the police escort for the bus passengers, Constable Sibanda, pleaded with Mhodza to release the bus. Sibanda then phones Assistant Police Commissioner Nduro who ordered Mhodza to immediately release the bus, which he did. Mhodza was subsequently charged with violating a section of the Police Act (acting in an unbecoming manner), and was convicted after a bench trial presided over by Superintendent Lithini Ndlovu. He was fined $10. Mhodza appealed, and his conviction and sentence were affirmed by Commissioner-General Augustine Chihuri. Mhodza then appealed to Zimbabwe's High Court. His lawyers Mugiya and Macharaga Law Chambers argued that the manner in which his superiors handled Mhodza's "case was unprocedural and irregular and contrary to the principles of natural justice." They argued that the trial judge convicted Mhodza solely on the basis of pressure from his police superiors, and that Chihuri then rubber-stamped the verdict and sentence. On February 26 2018 Bulawayo High Court Justice Nokuthula Moyo set aside Mhodza conviction and sentence, ruling that the principles of justice were not followed furing his trial. Justice Moyo's ruling stated: "It is ordered that the conviction and sentence of the applicant (Sgt Mhodza) by the respondents be and is hereby set aside.""

Conviction Caused By:

Innocence Proved By:

"On February 26 2018 High Court Justice Nokuthula Moyo set aside Mhodza conviction and sentence, ruling that the principles of justice were not followed furing his trial. Justice Moyo's ruling stated: "It is ordered that the conviction and sentence of the applicant (Sgt Mhodza) by the respondents be and is hereby set aside.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"High Court quashes disciplinary hearing for police officer, By Mashudu Netsianda (Senior Court Reporter), Chronicle, February 27, 2018"

Information Location 1:

http://www.chronicle.co.zw/high-court-quashes-disciplinary-hearing-for-police-officer/

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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