News / National
Gumbura case in limbo as High court postpones ruling
01 Oct 2014 at 05:47hrs | Views
The trial of Robert Martin Gumbura, the leader of RMG Independent End Time Message, accused of raping one of his congregants with the assistance of his secretary Tendai Ganyani, was yesterday postponed to November 21 pending his application for review at the High Court.
Gumbura and Ganyani, through their lawyers Advocate Thembinkosi Magwaliba and Rekai Maposa of Maposa, Ndomene and Maramba Legal Practitioners, had applied for discharge at the close of the State case and regional magistrate Ms Fadzai Mthombeni dismissed the application on the basis that the State managed to prove a prima-facie case against them.
The pair then approached the High Court seeking a review of the proceedings whose application is still pending.
According to the law, the lower court cannot proceed with the trial until the determination of the matter by the High Court.
When the duo appeared in court yesterday before Mthombeni, prosecutor Kudzai Chigwedere told the court that they had not received communication from the High Court.
"Your Worship, the review has not yet been heard so we cannot proceed, still awaiting position of the review. If the matter can be postponed to November 21," she said.
In response, Maphosa consented to the postponement.
Gumbura and Ganyani, through their lawyers Advocate Thembinkosi Magwaliba and Rekai Maposa of Maposa, Ndomene and Maramba Legal Practitioners, had applied for discharge at the close of the State case and regional magistrate Ms Fadzai Mthombeni dismissed the application on the basis that the State managed to prove a prima-facie case against them.
The pair then approached the High Court seeking a review of the proceedings whose application is still pending.
According to the law, the lower court cannot proceed with the trial until the determination of the matter by the High Court.
When the duo appeared in court yesterday before Mthombeni, prosecutor Kudzai Chigwedere told the court that they had not received communication from the High Court.
"Your Worship, the review has not yet been heard so we cannot proceed, still awaiting position of the review. If the matter can be postponed to November 21," she said.
In response, Maphosa consented to the postponement.
Source - Herald
