News / Local
Lawyer's application for discharge rejected
31 Jan 2015 at 10:58hrs | Views
A Bulawayo magistrate yesterday rejected an application for discharge at the close of the State case by a city lawyer and a senior prison officer who allegedly attempted to unlawfully release a convicted car thief.
Bulawayo lawyer Tungamirayi Nyengera, and Absolom Hlupho, a principal prison officer at Khami Maximum Prison, allegedly connived to have Lungisani Sibanda released from prison using a fake warrant of liberation.
The pair is being charged with fraud and attempting to defeat the course of justice.
Nyengera and Hlupho were also alleged to have demanded and were paid $1,500 by Sibanda's family after claiming that the money was for bail pending appeal, but no such appeal was filed.
The state, led by Blessing Gundani, closed its case last week and Nyengera's lawyer Godfrey Nyoni and Hlupho's lawyer Prayer Muzvuzvu applied for discharge.
Matabeleland South provincial magistrate Reuben Mukavhi threw out their application saying there was enough evidence to put the accused on their defence.
He remanded the pair to February 2, when the defence is expected to open its case.
So far eight witnesses have testified and they all took turns to narrate how Sibanda was almost released from Khami Maximum Prison.
Sibanda was jailed for seven years in 2012 for car theft.
Sibanda's sister, Lillian Tapera, was the first to testify and told the court that her family paid Nyengera $1,500 after he told them that he had papers from the High Court confirming that her brother would be released.
Bulawayo lawyer Tungamirayi Nyengera, and Absolom Hlupho, a principal prison officer at Khami Maximum Prison, allegedly connived to have Lungisani Sibanda released from prison using a fake warrant of liberation.
The pair is being charged with fraud and attempting to defeat the course of justice.
Nyengera and Hlupho were also alleged to have demanded and were paid $1,500 by Sibanda's family after claiming that the money was for bail pending appeal, but no such appeal was filed.
The state, led by Blessing Gundani, closed its case last week and Nyengera's lawyer Godfrey Nyoni and Hlupho's lawyer Prayer Muzvuzvu applied for discharge.
Matabeleland South provincial magistrate Reuben Mukavhi threw out their application saying there was enough evidence to put the accused on their defence.
He remanded the pair to February 2, when the defence is expected to open its case.
So far eight witnesses have testified and they all took turns to narrate how Sibanda was almost released from Khami Maximum Prison.
Sibanda was jailed for seven years in 2012 for car theft.
Sibanda's sister, Lillian Tapera, was the first to testify and told the court that her family paid Nyengera $1,500 after he told them that he had papers from the High Court confirming that her brother would be released.
Source - chronicle
