News / National
Gumbura case in disarray
13 Feb 2014 at 01:47hrs | Views
THE trial of three wives of convicted rapist Robert Martin Gumbura and their alleged five accomplices accused of photographing themselves undressed yesterday reached fever pitch after the magistrate and prosecutor locked horns over a court ruling annulling police statements.
Prosecutor Mr Michael Reza notified the court of his intention to apply for a review of the court proceedings.
This came after provincial magistrate Mr Douglas Chikwekwe ruled that he would not allow the warned and cautioned statements to be produced in court because they cast doubt.
"From the onset, the person who claims to be the investigating officer (Detective Constable Tariro Rangwani) monitored proceedings. Her conduct was unethical and unorthodox for a police officer.
"She recorded her own statements after listening to the defence of the accused and the evidence of Detective Sengwe, that is doing investigative prosecution," he said.
According to the Herald, the matter proceeded to the main trial, where Mr Reza and defence counsel Ms Rekai Maposa squared off after the former attempted to produce evidence through the disputed investigating officer.
Ms Maposa objected to the production of the n*ked photographs through Det Cst Rangwani.
"This witness is not the investigating officer unless the State intends to override the court's decision," she said.
The court took a brief adjournment and Mr Chikwekwe upheld Ms Maposa's objection and told the State that he could produce his evidence through Det Cst Memory Zvenyika whom the court believe is the investigating officer.
Mr Reza would not have any of that as he communicated his intention to apply for a review of the proceedings.
"With all due respect this is an injustice. Det Cst Zvenyika will not be able to produce evidence only known by the investigating officer Det Cst Rangwani.
"She was only a witness and cannot testify," he said.
Mr Chikwekwe stood by his ruling and told the State that he would not allow the witness unless Mr Reza wanted him to overturn his decision.
"The State is to make a formal application for review of the proceedings and the matter is remanded to February 21," he said.
Choice Neganje (32), Amadeus Mutakwa (32), Rutendo Sekai Mandiya (28), Pamera Kandawire (27), Runyararo Musvovi (27), Veronica Mbanga (27), Tendai Kwatara (34) and Moreblessing Takawira (35) are facing charges of contravening the Censorship and Entertainment Control Act.
The women disowned statements recorded by the police, the contents of the statements, the signatures, the police officer who recorded the statement and the lawyer, Mr Emmanuel Samundombe, who was alleged to be present.
Prosecutor Mr Michael Reza notified the court of his intention to apply for a review of the court proceedings.
This came after provincial magistrate Mr Douglas Chikwekwe ruled that he would not allow the warned and cautioned statements to be produced in court because they cast doubt.
"From the onset, the person who claims to be the investigating officer (Detective Constable Tariro Rangwani) monitored proceedings. Her conduct was unethical and unorthodox for a police officer.
"She recorded her own statements after listening to the defence of the accused and the evidence of Detective Sengwe, that is doing investigative prosecution," he said.
According to the Herald, the matter proceeded to the main trial, where Mr Reza and defence counsel Ms Rekai Maposa squared off after the former attempted to produce evidence through the disputed investigating officer.
Ms Maposa objected to the production of the n*ked photographs through Det Cst Rangwani.
"This witness is not the investigating officer unless the State intends to override the court's decision," she said.
The court took a brief adjournment and Mr Chikwekwe upheld Ms Maposa's objection and told the State that he could produce his evidence through Det Cst Memory Zvenyika whom the court believe is the investigating officer.
Mr Reza would not have any of that as he communicated his intention to apply for a review of the proceedings.
"With all due respect this is an injustice. Det Cst Zvenyika will not be able to produce evidence only known by the investigating officer Det Cst Rangwani.
"She was only a witness and cannot testify," he said.
Mr Chikwekwe stood by his ruling and told the State that he would not allow the witness unless Mr Reza wanted him to overturn his decision.
"The State is to make a formal application for review of the proceedings and the matter is remanded to February 21," he said.
Choice Neganje (32), Amadeus Mutakwa (32), Rutendo Sekai Mandiya (28), Pamera Kandawire (27), Runyararo Musvovi (27), Veronica Mbanga (27), Tendai Kwatara (34) and Moreblessing Takawira (35) are facing charges of contravening the Censorship and Entertainment Control Act.
The women disowned statements recorded by the police, the contents of the statements, the signatures, the police officer who recorded the statement and the lawyer, Mr Emmanuel Samundombe, who was alleged to be present.
Source - The Herald
