News / National
Gumbura lawyer seeks discharge
27 Feb 2019 at 14:31hrs | Views
The State yesterday closed the case against End Time Message church leader Robert Martin Gumbura and eight others who are facing charges of trying to escape prison.
Gumbura's lawyer Professor Lovemore Madhuku told the court that he intends to file an application for discharge on March 12.
The State led by Micheal Reza will file its response on March 22 and the court will give its ruling on April 1.
The matter was heard by Harare regional magistrate Francis Mapfumo.
The State before it closed its case, called the evidence of George Dhenya who told the court that attacked by inmates and produced a medical affidavit to that effect.
He also told the court that when the riot started he was not at Chikurubi Maximum Prison but he was at Grain Marketing Board (GMB) buying mealie meal for inmates.
"I was at GMB when the officer in charge Marange told me that the inmates were rioting, it was around 1400hrs so I have to drive to back to Chikurubi and arrived at around 3 pm.
"When I arrived, the fire brigade was already there putting out fire at the D-Hall and then I went to C-Hall so that I could calm down the prisoners.
"Some of the inmates complied but some who were hiding emerged, and attacked me with different weapons, I recall one was holding an iron bar which he used to hit me on my leg while others had bricks.
"I was then taken to West end hospital where I received medical attention as I had been severely injured.
When asked by the State whether it was necessary for the prison guards to shoot the misbehaving inmates, Dhenya said it was.
"It is lawful in terms of the prison act to use a firearm when the inmate attacks the prison officer or another inmate."
In cross examination, Madhuku told the witness that he was lying because his evidence contracdicted with that of the other witnesses.
"You are lying and you are misleading the court, are you aware that the inmates who were on top of the buildings were shot at around 1300hrs and you are here saying that you arrived at Chikurubi around 1500hrs and no inmate was shot as yet, which means you are inventing a story.
"In your position as assistant commissioner of ZPCS you went to the C-Hall without the officer in charge or his deputy, how is that possible?" said Madhuku.
Gumbura is appearing together with Lucky Matambanadzo, Blessing Chauke, Lucky Mhungu, Taurai Dodzo, Thomas Chacha, Thulani Chizema, Jacob Sibanda and Elijah Vhumbunu.
Gumbura's lawyer Professor Lovemore Madhuku told the court that he intends to file an application for discharge on March 12.
The State led by Micheal Reza will file its response on March 22 and the court will give its ruling on April 1.
The matter was heard by Harare regional magistrate Francis Mapfumo.
The State before it closed its case, called the evidence of George Dhenya who told the court that attacked by inmates and produced a medical affidavit to that effect.
He also told the court that when the riot started he was not at Chikurubi Maximum Prison but he was at Grain Marketing Board (GMB) buying mealie meal for inmates.
"I was at GMB when the officer in charge Marange told me that the inmates were rioting, it was around 1400hrs so I have to drive to back to Chikurubi and arrived at around 3 pm.
"When I arrived, the fire brigade was already there putting out fire at the D-Hall and then I went to C-Hall so that I could calm down the prisoners.
"I was then taken to West end hospital where I received medical attention as I had been severely injured.
When asked by the State whether it was necessary for the prison guards to shoot the misbehaving inmates, Dhenya said it was.
"It is lawful in terms of the prison act to use a firearm when the inmate attacks the prison officer or another inmate."
In cross examination, Madhuku told the witness that he was lying because his evidence contracdicted with that of the other witnesses.
"You are lying and you are misleading the court, are you aware that the inmates who were on top of the buildings were shot at around 1300hrs and you are here saying that you arrived at Chikurubi around 1500hrs and no inmate was shot as yet, which means you are inventing a story.
"In your position as assistant commissioner of ZPCS you went to the C-Hall without the officer in charge or his deputy, how is that possible?" said Madhuku.
Gumbura is appearing together with Lucky Matambanadzo, Blessing Chauke, Lucky Mhungu, Taurai Dodzo, Thomas Chacha, Thulani Chizema, Jacob Sibanda and Elijah Vhumbunu.
Source - hmetro
