Officials at the attorney-general's office this week told The Zimbabwean that police had refused to release the docket when approached by former AG Andrew Chigovera in 2001. Under pressure from the victims’ families and the MDC, the AG's office has made several enquiries since then – but the police have refused to produce the docket, saying Chihuri was still 'studying' it.
After hearing MDC leader Morgan Tsvangirai's election petition, in which the murders of Chiminya and Mabika were exposed, High Court Judge James Devittie ordered Chigovera to put the alleged murderers, Joseph Mwale and Kainos Zimunya on trial.
But no trial has taken place as the AG's office claims not to have the police file.
“Chigovera was told point blank by the police that the matter would not be investigated or brought to court as it involved members of Zanu (PF), one of whom was an intelligence officer who was said to be covered by presidential powers which we do not know about,” said an official in the AG's office this week.
A recent report by the Human Rights NGO Forum said: “Despite numerous witnesses implicating Mwale in the murders, he has not yet been detained. The docket in which Mwale and Zimunya are the prime suspects in the murders of Chiminya and Mabika was sent by Mutare police to Police General Headquarters in Harare for them to forward to the Attorney-General's Office. Police sources say the police chiefs are still holding the file.”
The police have also claimed that they can not locate Mwale and Zimunya. The pair were summoned to testify in the Buhera North election petition in which Tsvangirai sought to overturn Kenneth Manyonda's 'victory'. However, they disappeared shortly afterwards. Mwale is believed to be stationed somewhere in Manicaland, still employed by the CIO.
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