News / National
Gumbura applies for bail
26 Feb 2014 at 07:10hrs | Views
Jailed RMG Independent End Time Message church leader Robert Martin Gumbura yesterday approached the magistrates' court seeking bail pending determination of his appeal against conviction and sentence.
Gumbura was jailed for an effective 40 years after he was found guilty on four counts of rape and one of possessing pornographic material
Regional magistrate Mr Hoseah Mujaya deferred proceedings to tomorrow (Thursday) to allow the prosecution to file its response to the application.
Mr Mujaya will pass his ruling on Friday.
According to The Herald, prosecutor Mr Jonathan Murombedzi told court that he needed time to go through the transcribed court record before filing his response.
Through his lawyer Ms Rekai Maposa, Gumbura says the magistrate's court wrongly convicted him on rape charges before imposing a "shocking" sentence.
Challenging conviction in the case in which he was accused of raping a woman twice, Gumbura argues that the magistrate found him guilty without giving any reasons why he believed the complainant.
He argues that the court simply convicted him even when the witnesses were not credible. Gumbura further argues that the evidence of the State witnesses was fraught with inconsistencies and that the magistrate had convicted him without the State proving a case against him.
On the count of illegally possessing pornographic material, Gumbura contends the court convicted him without establishing that he indeed possessed the said material.
The sentence of four months on that count, Gumbura says, was too harsh and shocking considering that the Act provided for imposition of a fine as an option.
Gumbura - who has 11 wives and 30 children - was facing nine counts of raping six women and one of possessing pornographic material.
Mr Mujaya cleared him of four counts relating to three other women for lack of evidence. Mr Mujaya noted that Gumbura's defence was tailor-made to suit him.
Gumbura was jailed for an effective 40 years after he was found guilty on four counts of rape and one of possessing pornographic material
Regional magistrate Mr Hoseah Mujaya deferred proceedings to tomorrow (Thursday) to allow the prosecution to file its response to the application.
Mr Mujaya will pass his ruling on Friday.
According to The Herald, prosecutor Mr Jonathan Murombedzi told court that he needed time to go through the transcribed court record before filing his response.
Through his lawyer Ms Rekai Maposa, Gumbura says the magistrate's court wrongly convicted him on rape charges before imposing a "shocking" sentence.
Challenging conviction in the case in which he was accused of raping a woman twice, Gumbura argues that the magistrate found him guilty without giving any reasons why he believed the complainant.
He argues that the court simply convicted him even when the witnesses were not credible. Gumbura further argues that the evidence of the State witnesses was fraught with inconsistencies and that the magistrate had convicted him without the State proving a case against him.
On the count of illegally possessing pornographic material, Gumbura contends the court convicted him without establishing that he indeed possessed the said material.
The sentence of four months on that count, Gumbura says, was too harsh and shocking considering that the Act provided for imposition of a fine as an option.
Gumbura - who has 11 wives and 30 children - was facing nine counts of raping six women and one of possessing pornographic material.
Mr Mujaya cleared him of four counts relating to three other women for lack of evidence. Mr Mujaya noted that Gumbura's defence was tailor-made to suit him.
Source - The Herald