Bickering lawyers delay commencement of trial

A bitter wrangle between a public prosecutor Nathan Majuru and a defence lawyer Brighton Pabwe of Venturas & Samkange Legal Practitioners has led to two crucial trials failing to take off at Mutoko Magistrates Court.

The trials of Godfrey Matuso and Charles Gumbeze, who are facing charges of prospecting for gold without a licence, failed to commence for the second time this month, leading to the frustrated magistrate to transfer the matters to Marondera to be heard before another magistrate.

Pabwe is accusing Majuru of being biased and targeting his clients unfairly.

"Your worship a public prosecutor must adopt a disinterested attitude and must not behave as though he is getting instructions from somewhere. In a case involving my clients, he (prosecutor) opposed bail but once we reached the High Court his superiors consented bail," complained Pabwe.

A visibly irritated Majuru responded, "Your worship I am my own man. I do not take instructions from anyone. All decisions I make are based on my understanding of the law as well as facts inside the docket before me. Prosecutors at the High Court are entitled to their opinions based on their understanding of the law. I deny categorically that I am targeting accused persons."

Majuru bemoaned the attitude and behaviour of Mr Pabwe which he deemed unfair and unethical. He told the magistrate that the relationship between them has broken down to the extent that they cannot agree over a simple issue such as agreeing on a trial date.

Our sources at Mutoko Magistrates Court revealed to us that this is not the first time a disagreement has happened between prosecutor Majuru and lawyers from Samkange & Venturas. In a seperate matter which involved Godfrey Matuso and others, Mr Jonathan Samkange was left fuming due to the aggressive nature of cross examination adopted by Majuru. Mr Samkange is said to have complained to the court that Majuru had to treat his client who is a respected war veteran still healing from injuries he sustained in the second Chimurenga.

After weighing the submissions made by Mr Pabwe and Mr Majuru, Magistrate Elijah Sibanda ruled that the matter and all other matters involving Gumbeze and Matuso be referres to Marondera for trial before magistrates and prosecutors who have not handled such matters before.