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Guvamombe acquitted over Kasukuwere, Mandiwanzira industrial attachment
12 Dec 2021 at 19:47hrs | Views
Former Chief Magistrate Mishrod Guvamombe has had corruption charges quashed in one of two cases he is facing, relating to the granting of industrial attachment to former minister Saviour Kasukuwere and Supa Mandiwanzira without the approval of the Judicial Service Commission.
Guvamombe, who retired in March last year, had denied charges of criminal abuse of office.
Justice Felistas Chatukukuta of the Harare High Court halted Guvamombe's trial at the end of the state case on Tuesday, the judge ruling that the prosecution had failed to hold up the charge.
The National Prosecuting Authority (NPA) charged Guvamombe for granting industrial attachment to the two ministers who were studying law at the time - but not in 41 other instances where the chief magistrate okayed industrial attachment, the court heard.
Mandiwanzira and Kasukuwere were facing criminal charges at the time, and their placement was at the civil court not the criminal division.
The judge said: "The two students were not the only ones who were placed on attachment on the instructions of Guvamombe.
"There were 41 other students. The state did not charge the applicant for placing those 41 on attachment without the approval of the secretary.
"The focus is primarily on the placement of Kasukuwere and Mandiwanzira only. The import of the state's failure to relate to the placement of the other students by the applicant without the (JSC) secretary's approval is that the applicant was permitted to act without the secretary's approval. This effectively affects the validity of the second count.
"It therefore cannot be said that a prima facie case has been made by the state that the applicant was required to seek the approval of the secretary of the JSC before accepting the two students on attachment.
"There is no evidence on which a reasonable court, acting carefully, might properly convict the applicant. The application with regards to count two succeeds."
Prosecutor Witness Mabhaudhi had conceded that the charge preferred by the state was indeed fatal and that Guvamombe's application for the charges to be tossed out was merited.
Meanwhile, Justice Chatukukuta ruled that Guvamombe should be put to his defence in an unrelated matter in which he is accused of forcing magistrate Elijah Makomo to recuse himself from a hearing involving his alleged business partner's son.
The trial is scheduled to commence this Friday.
Guvamombe, who retired in March last year, had denied charges of criminal abuse of office.
Justice Felistas Chatukukuta of the Harare High Court halted Guvamombe's trial at the end of the state case on Tuesday, the judge ruling that the prosecution had failed to hold up the charge.
The National Prosecuting Authority (NPA) charged Guvamombe for granting industrial attachment to the two ministers who were studying law at the time - but not in 41 other instances where the chief magistrate okayed industrial attachment, the court heard.
Mandiwanzira and Kasukuwere were facing criminal charges at the time, and their placement was at the civil court not the criminal division.
The judge said: "The two students were not the only ones who were placed on attachment on the instructions of Guvamombe.
"The focus is primarily on the placement of Kasukuwere and Mandiwanzira only. The import of the state's failure to relate to the placement of the other students by the applicant without the (JSC) secretary's approval is that the applicant was permitted to act without the secretary's approval. This effectively affects the validity of the second count.
"It therefore cannot be said that a prima facie case has been made by the state that the applicant was required to seek the approval of the secretary of the JSC before accepting the two students on attachment.
"There is no evidence on which a reasonable court, acting carefully, might properly convict the applicant. The application with regards to count two succeeds."
Prosecutor Witness Mabhaudhi had conceded that the charge preferred by the state was indeed fatal and that Guvamombe's application for the charges to be tossed out was merited.
Meanwhile, Justice Chatukukuta ruled that Guvamombe should be put to his defence in an unrelated matter in which he is accused of forcing magistrate Elijah Makomo to recuse himself from a hearing involving his alleged business partner's son.
The trial is scheduled to commence this Friday.
Source - ZimLive
