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Witnesses in Mutumbuka case in no show again

by Staff reporter
2 hrs ago | Views
The trial of two suspects involved in the fraudulent sale of Dr. Dzingai Mutumbuka's mansion in Chisipite was postponed once again on Wednesday, March 5, 2025, due to the continued absence of two key witnesses. The case, which centers around the alleged forgery of title deeds for the US$600,000 property, has faced multiple delays, frustrating both the court and the defense.

The trial had initially been scheduled to proceed this week after a previous postponement on February 24, 2025, when the defense revealed that one last witness, Mavis Raphael Kangai, would be presenting testimony. However, Kangai, who is reported to reside in Buhera, failed to appear, and Magistrate Ethel Chichera had previously indicated that this would be the final opportunity for her to present herself in court.

A key point of contention in the trial has been the existence of a person named Ngome, who is allegedly tied to the fraudulent sale. The court had already concluded that Ngome is a fictitious character, but the defense insists on proving his existence, citing that the investigating officer met Ngome's wife during the investigation when he attempted to subpoena him.

The defense team had applied for a postponement last week to allow the missing witnesses to appear. However, they informed the court that both Ngome's mother and wife had refused to testify, further complicating the case. As a result, the defense is now planning to apply for a new witness—Tafadzwa Marashe, the investigating officer in the case. Marashe had already testified as a State witness but could potentially be called again as a defense witness.

Enock Nengomasha of Zuze Law Chambers, representing one of the accused, Tatenda Wakatama, confirmed the intention to bring Marashe back to the stand. "Yes, that depends on the court. As defense lawyers, we are going to make an application for him to come and testify as a defense witness. I am representing Tatenda Wakatama, and I have already finished presenting my defense," Nengomasha stated. "John Mugogo of Mugogo Attorneys is representing Prosper Biziweki, so they are the ones who brought Ngome's case, which needs to be proved."

In a previous appearance as a State witness, Marashe had testified that although Wakatama and Biziweki were not mentioned in the agreement of sale for the property, they had still played a part in defrauding Dr. Mutumbuka of his mansion.

As the trial faces further delays, Magistrate Chichera has postponed the proceedings until March 4, 2025, for the defense to make their application and for the court to assess whether the case can move forward.

The ongoing legal battle has drawn significant attention due to the high-profile nature of the property involved, as well as the complex web of fraudulent claims that continue to unfold in court.

Source - The MIrror