News / National
Prominent lawyer cleared following gold theft trial storm
15 hrs ago | Views
Harare lawyer Admire Rubaya has been cleared of any wrongdoing following a successful Supreme Court appeal against a lower court's decision to try him and three others for allegedly defeating the course of justice in a gold theft case.
Rubaya was jointly charged with Plumtree magistrate Timeon Makunde, a prosecutor, and a police officer. A Supreme Court bench comprising Justices George Chiweshe, Chinembiri Bhunu, and Hlekani Mwayera ruled in their favor, determining that the lower court had misdirected itself.
The case stemmed from Rubaya's legal representation of Jefat Chaganda, who was acquitted of gold smuggling by Makunde, who also ordered the return of the gold to Chaganda. However, the State later suspected foul play and charged Rubaya and the other officials involved with theft and obstruction of justice.
Rubaya's defense team, consisting of Advocate Thabani Mpofu, Oliver Marwa, and Tymon Tabana, argued that the charges were irregular and infringed upon attorney-client privilege.
"It is respectfully submitted that the prosecution of the appellant offends against the attorney-client privilege that obtains between the appellant and the second accused (Chaganda)," they stated.
The Supreme Court ruled that the High Court had erred by allowing the case to proceed despite acknowledging flaws in the charges against Rubaya. The ruling emphasized that an accused person cannot be subjected to trial on an invalid charge.
Mpofu argued that his client had no role in the magistrate's ruling and that the magistrate's decision, whether right or wrong, could not be attributed to Rubaya.
"The prosecution, by some clumsy process, is trying to reason backwards to conclude that an offence was committed. The essential facts constituting an offence must be present at the time of the alleged crime and cannot be inferred from conduct after the fact," he said.
The Supreme Court's decision brings an end to the legal battle, affirming Rubaya's professional conduct and ruling out any wrongdoing on his part.
Rubaya was jointly charged with Plumtree magistrate Timeon Makunde, a prosecutor, and a police officer. A Supreme Court bench comprising Justices George Chiweshe, Chinembiri Bhunu, and Hlekani Mwayera ruled in their favor, determining that the lower court had misdirected itself.
The case stemmed from Rubaya's legal representation of Jefat Chaganda, who was acquitted of gold smuggling by Makunde, who also ordered the return of the gold to Chaganda. However, the State later suspected foul play and charged Rubaya and the other officials involved with theft and obstruction of justice.
Rubaya's defense team, consisting of Advocate Thabani Mpofu, Oliver Marwa, and Tymon Tabana, argued that the charges were irregular and infringed upon attorney-client privilege.
The Supreme Court ruled that the High Court had erred by allowing the case to proceed despite acknowledging flaws in the charges against Rubaya. The ruling emphasized that an accused person cannot be subjected to trial on an invalid charge.
Mpofu argued that his client had no role in the magistrate's ruling and that the magistrate's decision, whether right or wrong, could not be attributed to Rubaya.
"The prosecution, by some clumsy process, is trying to reason backwards to conclude that an offence was committed. The essential facts constituting an offence must be present at the time of the alleged crime and cannot be inferred from conduct after the fact," he said.
The Supreme Court's decision brings an end to the legal battle, affirming Rubaya's professional conduct and ruling out any wrongdoing on his part.
Source - zimlive
