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.
The case arose from proceedings in a 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 had argued that the statement wrongly suggested that the sexual encounter between the accused person and the complainant was consensual, which prosecutors claimed was inconsistent with the available evidence and could undermine the administration of justice.
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Katsande was initially convicted and sentenced to a prison term, part of which was suspended, with the remainder converted to community service. His co-accused was acquitted.
He later appealed the ruling, arguing that the statement had been drafted based on his professional evaluation of the evidence. Katsande maintained that prosecutors regularly exercise discretion when handling cases, including drafting statements of agreed facts or accepting limited pleas.
In its judgment, the High Court ruled that the offence of defeating or obstructing justice requires clear proof that a person intentionally sought to interfere with the legal process.
The court found that a professional error or misinterpretation of evidence does not automatically amount to a criminal offence. It also noted that the State had failed to prove beyond reasonable doubt that Katsande deliberately attempted to mislead the court.
As a result, the court set aside both the conviction and the sentence previously imposed by the Magistrates’ Court.
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