High Court relief for jailed top cop

The High Court today granted bail pending an appeal by police Assistant Commissioner, Gedion Baloyi, who was last month sentenced to an effective nine month jail term after he was found guilty of corruptly facilitating the release of a suspect - Nevermind Kufakunesu - who was facing a $21 000 fraud charge.

Justice Garainesu Mawadze ordered Baloyi to pay $500 and reside at his Mount Pleasant house as part of his bail conditions.

Baloyi 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 an 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.

Baloyi made a High Court appeal against the dismissal of his bail pending appeal application at the Harare Magistrates Court last month arguing that his application should have been granted as he is a war veteran who had served the police force with distinction and without blemish since independence.

He further argued that a fine would be appropriate in his case.

In dismissing Baloyi’s first appeal, Harare Magistrate, Elijah Makomo, said that there was overwhelming evidence against the former top cop and therefore no basis for the application to be granted.

Baloyi however argued that the Magistrates Court misdirected itself.

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