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Lawyer breathes fire over delayed bail ruling
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The lawyer representing a man accused of defrauding an ex-girlfriend of US$28 000 in a botched residential stand deal breathed fire yesterday after his client was not admitted to bail despite the State consenting that its case was weak.
Thomas Jemuse was arrested on Thursday last week and is still detailed five days on despite the State admitting that there were no compelling reasons to warrant his continued detention.
Jemuse's arrest came after his ex-girlfriend, Amanda Fungisai Mandudzo (35) reported him to the police claiming that in September 2022, he misled a her that he had a residential stand measuring 500 square meters for sale in Hogerty Hill, Borrowdale, Harare.
Mandudzo claimed that she did not berify the details out of love and trust and gave Jemuse US$28 000 relying on his promise to provide an agreement of sale, but the stand wasnever delivered to her.
But Jemuse's lawyer, Macpatrick Zinyakatira said he was not happy with the continued detention of his client despite the State admitting that its case was weak.
He said Jemuse was arrested on Thursday last week and appeared for remand the following day at the Harare Magistrate Court.
"The State did not oppose bail on the ground that there were no compelling reasons to justify his continued detention," Zinyakatira said.
"The magistrate (Sheunesu Matova) requested that the State tender a written consent to the effect that Jemuse should be admitted on free bail. The State confirmed that its case was weak. The magistrate then postponed the case to Monday (today) for consideration of the consent.
"We appeared today in the morning and were told that the ruling would be ready in the afternoon."
Zinyakatira added: "In the afternoon, a different magistrate came and mentioned that Matova had attended to other administrative issues. She said she could not entertain the matter as the record was not before the court.
"As the defence, we are dissatisfied with such conduct, bail cases are urgent matters and should be treated as such.
"The State has already highlighted there are no compelling reasons to keep my client on detention.
"The duty or the honours to establish compelling reasons lies on the State. Once the State has said there are no compelling reasons, given that the case is not a third scheduleoffence, then the court should consider that and release the accuse on bail. We don't know where the compelling reasons will come from but at this juncture, there are no compelling reasons and he should be released on bail. He is entitled to be released as a matter of right and I don't know why he is stillincarcerated."
Ruling on bail is expected tomorrow morning.
Thomas Jemuse was arrested on Thursday last week and is still detailed five days on despite the State admitting that there were no compelling reasons to warrant his continued detention.
Jemuse's arrest came after his ex-girlfriend, Amanda Fungisai Mandudzo (35) reported him to the police claiming that in September 2022, he misled a her that he had a residential stand measuring 500 square meters for sale in Hogerty Hill, Borrowdale, Harare.
Mandudzo claimed that she did not berify the details out of love and trust and gave Jemuse US$28 000 relying on his promise to provide an agreement of sale, but the stand wasnever delivered to her.
But Jemuse's lawyer, Macpatrick Zinyakatira said he was not happy with the continued detention of his client despite the State admitting that its case was weak.
He said Jemuse was arrested on Thursday last week and appeared for remand the following day at the Harare Magistrate Court.
"The State did not oppose bail on the ground that there were no compelling reasons to justify his continued detention," Zinyakatira said.
"The magistrate (Sheunesu Matova) requested that the State tender a written consent to the effect that Jemuse should be admitted on free bail. The State confirmed that its case was weak. The magistrate then postponed the case to Monday (today) for consideration of the consent.
"We appeared today in the morning and were told that the ruling would be ready in the afternoon."
Zinyakatira added: "In the afternoon, a different magistrate came and mentioned that Matova had attended to other administrative issues. She said she could not entertain the matter as the record was not before the court.
"As the defence, we are dissatisfied with such conduct, bail cases are urgent matters and should be treated as such.
"The State has already highlighted there are no compelling reasons to keep my client on detention.
"The duty or the honours to establish compelling reasons lies on the State. Once the State has said there are no compelling reasons, given that the case is not a third scheduleoffence, then the court should consider that and release the accuse on bail. We don't know where the compelling reasons will come from but at this juncture, there are no compelling reasons and he should be released on bail. He is entitled to be released as a matter of right and I don't know why he is stillincarcerated."
Ruling on bail is expected tomorrow morning.
Source - Byo24News
