In dismissing the appeal, Makomo, said that there was overwhelming evidence
against the former top cop and therefore no basis for the application to be granted.
Baloyi’s lawyer, Misheck Hogwe, of Hogwe Dzimirai and Partners, however, said he will file an appeal at the High Court tomorrow against the lower courts’ decision.
Baloyi was sentenced to an effective nine month jail term last week after he was found guilty of corruptly facilitating the release of a suspect – Nevermind Kufakunesu – who was facing a US$21 000 fraud charge.
He was found guilty of contravening paragraph 35 of the Schedule to the Police Act as read with Section 29 and 29(A)(1)(b) of the same law which makes it an offence for a police officer to act in a manner that discredits the name of the police force.
According to the State, Baloyi instructed a Detective Inspector who was investigating Kufakunesu’s fraud case not to detain the suspect.
After Baloyi’s instruction, Kufakunesu disappeared and police have not been able to locate him.
Baloyi had pleaded not guilty to the charges.Post published in: News