THE Prosecutor-General Ray Goba yesterday indicated that he will file a criminal report and disciplinary complaint with the Law Society of Zimbabwe against legal practitioner Nyikadzino Simango who is representing a complainant in the Prophet Walter Magaya’s ra_pe case after he allegedly assisted his client to defy a lawful order of the court to appear on trial at the High Court on April 3.
Goba was responding to a letter written by Simango which was copied to Zimbabwe Anti-Corruption Commission (Zacc), police and Judicial Services threatening him with arrest for allegedly interviewing one Kudakwashe Elliot who was reported for trying to extort Magaya in the ra_pe saga.
“I am formally lodging a criminal report and disciplinary complaint with the Law Society of Zimbabwe which regulates the conduct of all legal practitioners in the country,” Goba said.
He said Simango’s motivation was to obstruct and defeat the course of justice in the matter of the State and Magaya by scuttling the criminal trial.
The Prosecutor-General said on January 5 this year Simango wrote to him indicating that he was representing the complainant in the Magaya case. He allegedly conveyed that the complainant was not willing to testify despite initiating the matter which she reported to Zimbabwe Women’s Lawyers Association, former President Robert Mugabe and senior police officers.
“You demanded a meeting with me and the meeting was held at my office which was attended by several members of NPA. We pointed that the legal representative of the complainant are the NPA as it is a criminal matter which falls within the purview of the State and not a private matter between the complainant and Magaya,” he said.
Goba said Simango’s complaint to Zacc was driven by the fact that he failed to stop the criminal trial and he thereby drafted a last minute application and affidavit which he filed purportedly on behalf of the complainant seeking certain relief. “I submit that with respect that your modus operandi is despicable and unbecoming of a duly admitted legal practitioner. Your motivation must have been to hinder the commencement of the criminal trial and intimidate the prosecution,” he said.
Goba said he had never spoken to the complainant and Kudakwashe Elliot in his lifetime. He said concerning the malicious allegations contained in the affidavit, Simango substituted the complainant with himself.