News / National
Justice Hungwe given a 30-day ultimatum
22 Jan 2014 at 17:43hrs | Views
The Constitutional Court has given Justice Charles Hungwe a 30-day ultimatum to furnish it with reasons for the decade long delay in concluding the Jonathan Mutsinze murder trial.
In its ruling over the constitutional application by convicted murderer Jonathan Mutsinze who has been awaiting sentencing since his conviction for murder in 2003, the 9-member bench ordered Justice Hungwe to provide it with an explanation within a month.
Chief Justice Godfrey Chidyausiku who handed down the ruling arrived at by unanimous vote, also postponed the matter indefinitely and instructed the registrar to file an affidavit on the status of the convicted felon's record in the matter, in particular the stage of the reconstruction of the record.
Additionally, the court ordered the registrar to ensure that the matter is allocated a trial date on the next available date upon filing of the relevant documents.
High Court judge Justice Hungwe has come under fire from the legal fraternity for denying justice to a 55-year-old man he convicted in 2003, but has failed to sentence over the past 10 years after losing his court records.
Mutsinze of Nyameni, Marondera, has been languishing in Harare Remand Prison awaiting sentence following his conviction on charges of robbery and murder with actual intent in 2003.
He was arrested and convicted of car theft in 1998 and sentenced to six years and eight months and while serving his sentence he was tried on other charges of murder and armed robbery committed in 1998.
His trial began in 2002 before Justice Hungwe and was concluded in 2003.
In its ruling over the constitutional application by convicted murderer Jonathan Mutsinze who has been awaiting sentencing since his conviction for murder in 2003, the 9-member bench ordered Justice Hungwe to provide it with an explanation within a month.
Chief Justice Godfrey Chidyausiku who handed down the ruling arrived at by unanimous vote, also postponed the matter indefinitely and instructed the registrar to file an affidavit on the status of the convicted felon's record in the matter, in particular the stage of the reconstruction of the record.
Additionally, the court ordered the registrar to ensure that the matter is allocated a trial date on the next available date upon filing of the relevant documents.
Mutsinze of Nyameni, Marondera, has been languishing in Harare Remand Prison awaiting sentence following his conviction on charges of robbery and murder with actual intent in 2003.
He was arrested and convicted of car theft in 1998 and sentenced to six years and eight months and while serving his sentence he was tried on other charges of murder and armed robbery committed in 1998.
His trial began in 2002 before Justice Hungwe and was concluded in 2003.
Source - zbc
