News / National
Guvamombe seeks High Court trial
01 Mar 2019 at 13:06hrs | Views
Suspended chief magistrate Mishrod Guvamombe is seeking to have his case of criminal abuse of office moved to the High Court for trial. He told the court yesterday that he could not be tried at the magistrates' court by his juniors.
Through his lawyer Mr Jonathan Samukange, Guvamombe told the court that he was in the process of making a formal application for the relief he is seeking.
In response, prosecutor Mr Zivanai Macharaga said he would respond to the application after they would have filed it.
Guvamombe appeared before regional magistrate Mr Morgan Nemadire for his routine remand. He indicated that he was also seeking for a temporary release of his passport to enable him to travel abroad for his child's graduation.
Guvamombe said he had already submitted a written application for release of the passport to the National Prosecution Authority (NPA) and was now awaiting their response. He was further remanded to March 18. It is alleged that sometime in June 2017, magistrate Mr Elijah Makomo was assigned a criminal case in which Nathan Mnaba was the accused and Nighert Savania the complainant.
During the trial, numerous applications were allegedly made by the defence which were dismissed due to lack of merit. This allegedly prompted the defence to approach Mr Makomo, who was presiding over the matter on June 26, 2017 demanding that he recuses himself from the case.
Mr Makomo is said to have turned down the request and advised them to file their application with the High Court or make a formal application with him.
Mr Makomo was later advised to report to Guvamombe's office with Nathan's court record and was told that he was mishandling the matter and as such he should recuse himself despite that there was no formal application from the defence for his recusal.
The court heard that Guvamombe went on to handle the complainant despite the fact that he had had a previous business relationship with Mnaba's father.
Guvamombe is also accused of offering internship to former ministers Supa Mandiwanzira and Saviour Kasukuwere who are both studying law at the University of Zimbabwe, but are being tried for different offences within the same courts.
Through his lawyer Mr Jonathan Samukange, Guvamombe told the court that he was in the process of making a formal application for the relief he is seeking.
In response, prosecutor Mr Zivanai Macharaga said he would respond to the application after they would have filed it.
Guvamombe appeared before regional magistrate Mr Morgan Nemadire for his routine remand. He indicated that he was also seeking for a temporary release of his passport to enable him to travel abroad for his child's graduation.
Guvamombe said he had already submitted a written application for release of the passport to the National Prosecution Authority (NPA) and was now awaiting their response. He was further remanded to March 18. It is alleged that sometime in June 2017, magistrate Mr Elijah Makomo was assigned a criminal case in which Nathan Mnaba was the accused and Nighert Savania the complainant.
During the trial, numerous applications were allegedly made by the defence which were dismissed due to lack of merit. This allegedly prompted the defence to approach Mr Makomo, who was presiding over the matter on June 26, 2017 demanding that he recuses himself from the case.
Mr Makomo is said to have turned down the request and advised them to file their application with the High Court or make a formal application with him.
Mr Makomo was later advised to report to Guvamombe's office with Nathan's court record and was told that he was mishandling the matter and as such he should recuse himself despite that there was no formal application from the defence for his recusal.
The court heard that Guvamombe went on to handle the complainant despite the fact that he had had a previous business relationship with Mnaba's father.
Guvamombe is also accused of offering internship to former ministers Supa Mandiwanzira and Saviour Kasukuwere who are both studying law at the University of Zimbabwe, but are being tried for different offences within the same courts.
Source - the heralg
