Harare — THE High Court has quashed the conviction of former Zupco board chairman Professor Charles Nherera on corruption charges a year after he completed serving his two-year sentence.

Justice Tedias Karwi's ruling yesterday came over a year after Prof Nherera's release from prison.

Prof Nherera who was also the Vice Chancellor of Chinhoyi University of Technology -- was sentenced to two years behind bars in August 2006 and was released in April last year.

Prof Nherera had appealed against both conviction and sentence at the higher court.

Regional magistrate Mrs Lilian Kudya sent him to jail after finding him guilty of soliciting a US$85 000 bribe from businessman Mr Jayesh Shah.

But Justice Karwi sitting with Justice Tendai Uchena quashed the lower court's decision after defence lawyer Mr Thembinkosi Magwaliba successfully appealed against both conviction and sentence.

The appeal was allowed following consent by the Attorney-General's Office.

"In terms of Section 35 of the High Court Act, the appeal is hereby allowed. Conviction and sentence is set aside," read the operative part of the judgment.

In response to Prof Nherera's appeal, Mr Sibanengi Ncube of the AG's Office concurred that the lower court wrongly convicted and sentenced him.

Mr Ncube conceded that the device used for recording a conversation between the professor and Mr Shah in which the former allegedly solicited the bribe could be tampered with.

"Having made that finding, the court a quo misdirected itself by seeking to shift the onus to prove that the conversation was not tampered with to the appellant (Prof Nherera).

"Appellant discharged the onus on him by producing a scientific document that shows that the device could be tampered with and it was for the State to prove that the recording in question was not tampered with.

"That was not done, leaving everything in doubt," agreed Mr Ncube.

It was also submitted that the lower court wrongly convicted Prof Nherera relying on contradictory evidence of former Informa-tion and Publicity Deputy Minister Bright Matonga and Mr Shah.

Mr Ncube further submitted that the court erred when it held that Mr Shah had no motive to lie against Prof Nherera.

Mr Shah's testimony, he said, clearly showed he was trying to influence Local Government Minister Ignatius Chombo to sack Prof Nherera from his chairmanship because he viewed him as a "stumbling block"

to his business interests.

The State also submitted that the trial court erred by disregarding the evidence of the two defence witnesses, Mr Johannes Tomana -- now Attorney-General -- and acting Zupco board chairperson Dr Chipo Dyanda.

Prof Nherera was accused of asking for a bribe of US$5 000 for every bus that Zupco bought from Mr Shah's company -- Gift Investments.

Prof Nherera's attempt to get bail pending appeal before the same court in August 2006 failed and he served the two-year prison term at Connemara Open Prison near Gweru.

He lost his job as CUT Vice Chancellor as well as his Zupco board chairmanship.

Although he was jailed, Prof Nherera contested the university's decision to fire him in the Labour Court and refused to surrender the university's property, which included a Mercedes-Benz.