News / National
Gumbura appeals against magistrate
29 Jul 2015 at 07:50hrs | Views
Robert Martin Gumbura jailed RMG End Time Message founder yesterday made a constitutional application alleging regional magistrate Hosea Mujaya, who slapped him with a 40-year jail term last year, had interfered with his rape case by instructing the State on how to proceed with the fresh trial.
Gumbura's lawyer Tapson Dzvetero made the application before regional magistrate Fadzai Mtombeni arguing his client would not receive a fair trial since the State was allegedly determined to have him convicted.
Mujaya convicted Gumbura on five counts of rape and sentenced him to an effective 40 years in prison. Gumbura has since appealed the conviction at the High Court and the matter is set to be heard on August 5.
Dzvetero argued that if the court to entertained the matter in the absence of the High Court's determination on the application for review, it would be tantamount to usurping powers of the High Court.
Prosecutor Kudzai Chigwedere, however, did not respond to Dzvetero's application saying she wanted to take further instructions from her superiors and also read the cited case laws after which she would respond.
Gumbura's lawyer Tapson Dzvetero made the application before regional magistrate Fadzai Mtombeni arguing his client would not receive a fair trial since the State was allegedly determined to have him convicted.
Dzvetero argued that if the court to entertained the matter in the absence of the High Court's determination on the application for review, it would be tantamount to usurping powers of the High Court.
Prosecutor Kudzai Chigwedere, however, did not respond to Dzvetero's application saying she wanted to take further instructions from her superiors and also read the cited case laws after which she would respond.
Source - newsday
