The High Court sitting in Mutare has overturned the conviction of public prosecutor Timothy Tafadzwa Katsande, who had been found guilty of defeating or obstructing the course of justice.
According to the National Prosecuting Authority (NPA), the case stems from proceedings in the Magistrates’ Court where Katsande was jointly charged with a legal practitioner over a statement of agreed facts in a criminal case involving a minor.
The State alleged that the statement falsely suggested the sexual encounter between the accused and the complainant was consensual, a claim it argued was inconsistent with the evidence and could potentially prejudice the administration of justice.
Following his trial, Katsande was convicted and sentenced to a term of imprisonment, part of which was suspended, with the remainder converted to community service. His co-accused, however, was acquitted.
Katsande subsequently appealed, maintaining that the statement had arisen from his professional assessment of the evidence and that prosecutors routinely exercise discretion in deciding how cases should proceed, including the drafting of statements of agreed facts or acceptance of limited pleas. He argued that there was no intention to obstruct justice.
In its ruling, the High Court stressed that the offence of defeating or obstructing justice requires clear proof of deliberate intent to interfere with the legal process.
The court found that an error of professional judgment or misinterpretation of evidence does not automatically constitute a criminal act.
It further noted that the State had failed to prove beyond a reasonable doubt that Katsande had deliberately sought to mislead the court.
The court concluded that the conviction was unsafe, quashing both the verdict and the sentence imposed by the Magistrates’ Court.
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