News / National
Magistrate's criminal conviction overturned
07 Aug 2017 at 17:08hrs | Views
A Chipinge magistrate who had been sentenced to an effective 20 months behind bars for criminal abuse of office charges last Tuesday successfully challenged her conviction at the High Court.
Jenifer Mangombe, who was co-accused with clerk of court Thomas Munyawarara and interpreter Thomas Mashonganyika, had initially been sentenced to 30 months, and 10 months were suspended on condition of good behaviour.
The trio was accused for conniving to free seven inmates from Chipinge Prison in December 2010 by signing warrants of liberation.
Mangombe, who was subsequently dismissed from work because of the case, had her appeal heard by High Court Justices Charles Hungwe and Edith Kuda Mushore.
When the trial opened, Mangombe pleaded not guilty saying she was in Botswana during the period of the commission of the offence. According to court papers, Mangombe was implicated by Thomas Munyawarara, the clerk of court, due to "severe assault and torture" while in police custody.
Through her lawyer, Charles Mutsahuni Chikore, Mangombe approached the High Court with an application for condonation and started appealing against her conviction.
She however could not appeal against sentence as she had seen through her time in prison.
In his argument, Chikore highlighted that all the three State witnesses, that is police officer Amos Mushayavanhu, resident magistrate Clemence Ngweshiwa and prison officer Danhirayi Usuwana did not link his client to the commission of the offence.
Chikore further highlighted that evidence adduced in court did not point to Mangombe, proving that the warrants of liberation were signed by the clerk of court, Thomas Munyawarara.
The Prosecutor General's office also conceded that Mangombe had been wrongfully convicted indicating that her denial of bail pending appeal had no legal justification.
Jenifer Mangombe, who was co-accused with clerk of court Thomas Munyawarara and interpreter Thomas Mashonganyika, had initially been sentenced to 30 months, and 10 months were suspended on condition of good behaviour.
The trio was accused for conniving to free seven inmates from Chipinge Prison in December 2010 by signing warrants of liberation.
Mangombe, who was subsequently dismissed from work because of the case, had her appeal heard by High Court Justices Charles Hungwe and Edith Kuda Mushore.
When the trial opened, Mangombe pleaded not guilty saying she was in Botswana during the period of the commission of the offence. According to court papers, Mangombe was implicated by Thomas Munyawarara, the clerk of court, due to "severe assault and torture" while in police custody.
Through her lawyer, Charles Mutsahuni Chikore, Mangombe approached the High Court with an application for condonation and started appealing against her conviction.
She however could not appeal against sentence as she had seen through her time in prison.
In his argument, Chikore highlighted that all the three State witnesses, that is police officer Amos Mushayavanhu, resident magistrate Clemence Ngweshiwa and prison officer Danhirayi Usuwana did not link his client to the commission of the offence.
Chikore further highlighted that evidence adduced in court did not point to Mangombe, proving that the warrants of liberation were signed by the clerk of court, Thomas Munyawarara.
The Prosecutor General's office also conceded that Mangombe had been wrongfully convicted indicating that her denial of bail pending appeal had no legal justification.
Source - hmetro
