News / National
Magistrate recuses self in Gumbura jailbreak case
21 Jul 2015 at 02:51hrs | Views
Magistrate Tendai Mahwe recused himself from the trial of jailed rapist cleric Martin Gumbura and eight others on charges of inciting and masterminding an attempted jailbreak at Chikurubi Maximum Security Prison early this year.
Magistrate Mahwe recused himself from the case saying that he heard submissions by eight of the accused persons in their application for referral to the Constitutional Court adding that it would not be fair for him to hear the main trial.
He said that some of the points raised in the application which he dismissed may still come up in the main trial hence the need to refer the matter to another magistrate for trial.
The matter was deferred to September 1, 2015 and it will now be heard at the regional court.
Meanwhile, the trial failed to kick-off yesterday because lawyers representing eight of the accused persons were not prepared.
Prosecutor Mr Michael Reza told the court that lawyers for human rights who are representing eight of the accused persons failed to collect State papers from the prosecution to prepare for trial.
He said only Mr Tapson Dzvetero who is representing Robert Martin Gumbura had collected the papers last week while Mr David Hofisi from the Zimbabwe Lawyers for Human Rights was still to collect them.
Mr Reza then sought for a postponement of the matter to September 1.
Gumbura is jointly charged with Lucky Matambanadzo (39), Blessing Chauke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28) and Elijah Vhumbunu (38).
The nine, who are serving various sentences ranging from 12 to 40 years, are being charged with attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively conspiracy in aggravating circumstances for allegedly maliciously damaging property.
They are facing an additional charge of incitement to assault or alternatively conspiracy to assault.
According to the State, on February 13 in the morning in B Hall at Chikurubi, Gumbura allegedly incited other inmates to protest over alleged infringement of their rights so that he and his accomplices could escape during the commotion.
Magistrate Mahwe recused himself from the case saying that he heard submissions by eight of the accused persons in their application for referral to the Constitutional Court adding that it would not be fair for him to hear the main trial.
He said that some of the points raised in the application which he dismissed may still come up in the main trial hence the need to refer the matter to another magistrate for trial.
The matter was deferred to September 1, 2015 and it will now be heard at the regional court.
Meanwhile, the trial failed to kick-off yesterday because lawyers representing eight of the accused persons were not prepared.
Prosecutor Mr Michael Reza told the court that lawyers for human rights who are representing eight of the accused persons failed to collect State papers from the prosecution to prepare for trial.
He said only Mr Tapson Dzvetero who is representing Robert Martin Gumbura had collected the papers last week while Mr David Hofisi from the Zimbabwe Lawyers for Human Rights was still to collect them.
Mr Reza then sought for a postponement of the matter to September 1.
Gumbura is jointly charged with Lucky Matambanadzo (39), Blessing Chauke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28) and Elijah Vhumbunu (38).
The nine, who are serving various sentences ranging from 12 to 40 years, are being charged with attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively conspiracy in aggravating circumstances for allegedly maliciously damaging property.
They are facing an additional charge of incitement to assault or alternatively conspiracy to assault.
According to the State, on February 13 in the morning in B Hall at Chikurubi, Gumbura allegedly incited other inmates to protest over alleged infringement of their rights so that he and his accomplices could escape during the commotion.
Source - herald
