Former Vice President Phelekezela Mphoko has applied for exception to the charge of corruptly causing the release of two Zimbabwe National Road Administration (ZINARA) officials, saying the officer-in-charge at Avondale Police Station should have resisted his illegal directive.
Mphoko, through his lawyers, advocate Thembinkosi Magwaliba and Zibusiso Ncube told Harare regional magistrate Hosea Mujaya that it is clear that their client did not release the ZINARA officials but the officer-in-charge. Said Magwaliba:
If the officer-in-charge complied with a lawful order, then he had a complete defence to any charge of misconduct or criminal charge that he could face for releasing the two.
But if the officer-in-charge avails himself of the defence of complying with an illegal order, still Mphoko would not be guilty of any offence since he was not a member of a disciplined force to give a command.
Mphoko allegedly stormed Avondale police station on July 14, 2016, and ordered the police to release ZINARA bosses Davison Norupiri and Moses Juma who had been arrested on corruption allegations.
The former diplomat is facing a charge of criminal abuse. Mujaya will deliver his ruling on March 4.