Chihuri case in new twist

By The Southern Eye | Apr. 11, 2014

THE High Court record in which police Commissioner-General Augustine Chihuri has been ordered to pay a former detective Bazil Nyapokoto over $64 000 in damages which has been missing for the past two months, has now been found and lawyers are moving in to execute the order.

RICHARD MUPONDE SENIOR COURT REPORTER

Chihuri had defied the order issued by judge Justice Martin Makonese in January ordering the police to pay Nyapokoto damages after he dismissed with costs an application by the police boss to rescind an earlier order by the same court.

Nyapokoto claimed damages for victimisation after testifying against other detectives in an inquest, but the lawyers could not execute the order as the record had been reported missing since January.

The former detective’s lawyer, Tanaka Muganyi, yesterday confirmed that the record had been found without giving the date. “Yes, the record has been found. I will give you more information on the issue,” he said.

Chihuri had filed an urgent chamber application seeking to shield one of his lieutenants, Superintendent Pilate Moyo, for contempt of court, but the application was dismissed with costs.

Moyo had defied an order by judge Justice Maphios Cheda in 2011 for blocking the Deputy Sheriff from attaching his property to pay Nyapokoto damages and an order for his incarceration was subsequently issued by the same judge. Moyo had been sued by Nyapokoto for work-related victimisation.

However, on March 6 2013, Chihuri filed for a stay of execution of Justice Cheda’s order to incarcerate Moyo, but Justice Makonese upheld Justice Cheda’s order resulting in Chihuri conceding that the force would pay $64 000 in damages to Nyapokoto.

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The police agreed to pay the amount within two months, but Chihuri made an about-turn and instead filed an application for rescission of the judgment.

Moyo will face incarceration if the damages are not paid.