News / National
Gumbura saga: Lawyer’s application dismissed
12 Dec 2015 at 06:30hrs | Views
An application by jailed church leader Robert Martin Gumbura's lawyer to incarcerate State witness Cladius Mutizwa for saying, "I have no comment" to questions during cross examination was dismissed on Thursday.
Gumbura is facing charges of masterminding a foiled jailbreak at Chikurubi Maximum Security Prison.
In his application, lawyer Mr Tapson Dzvetero wanted the court to reprimand and incarcerate Mutizwa whom he accused of wasting the court's time by refusing to answer questions put to him by one of the accused, Blessing Chiduke, during cross-examination.
In most of the questions he was being asked, Mutizwa would say, "no comment".
Harare magistrate Mr Francis Mapfumo said the phrasing 'I have no comment' was not the same as refusing to answer.
He said under the circumstances, the court could not evoke the provisions of the section cited by Gumbura's lawyer Mr Tapson Dzvetero which formed the basis of his application.
"The witness never told the court that he did not want to answer questions. He did not remain silent. To say "I have no comment" is not the same as refusing to answer," he said.
Mr Mapfumo added that it would not have been of any practical effect to incarcerate Mutizwa who is already a serving prisoner.
But Mr Dzvetero applied for permission to approach the High Court to appeal against the ruling.
He said the application was not going to stall the trial proceedings and Mr Mapfumo is yet to decide on the application.
The matter was remanded to December 15 for continuation of trial after Mutizwa told the court that he was not feeling well and needed a break.
During cross-examination, one of the accused persons Blessing Chiduke accused Mutizwa of fabricating stories in court.
He said Mutizwa was bringing new issues in court which he did not mention in his statement to the police.
"Why did you not implicate the prison officers, Matapo and Mai Mujuru in your statement but chose to mention them in court? How did you come up with other material in court?
"I put it to you that whatever you added in court is not the truth," Chiduke said.
In response, Mutizwa said his statement to the police was a pre-amble of his evidence adding that everything he said in court was true.
Mutizwa said he could not implicate the prison officers in his statement since they were present hence he was afraid.
Gumbura is jointly charged with Chiduke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28), Elijah Vhumbunu (38) and an armed robber, Lucky Matambanadzo (39).
Gumbura is facing charges of masterminding a foiled jailbreak at Chikurubi Maximum Security Prison.
In his application, lawyer Mr Tapson Dzvetero wanted the court to reprimand and incarcerate Mutizwa whom he accused of wasting the court's time by refusing to answer questions put to him by one of the accused, Blessing Chiduke, during cross-examination.
In most of the questions he was being asked, Mutizwa would say, "no comment".
Harare magistrate Mr Francis Mapfumo said the phrasing 'I have no comment' was not the same as refusing to answer.
He said under the circumstances, the court could not evoke the provisions of the section cited by Gumbura's lawyer Mr Tapson Dzvetero which formed the basis of his application.
"The witness never told the court that he did not want to answer questions. He did not remain silent. To say "I have no comment" is not the same as refusing to answer," he said.
Mr Mapfumo added that it would not have been of any practical effect to incarcerate Mutizwa who is already a serving prisoner.
But Mr Dzvetero applied for permission to approach the High Court to appeal against the ruling.
He said the application was not going to stall the trial proceedings and Mr Mapfumo is yet to decide on the application.
The matter was remanded to December 15 for continuation of trial after Mutizwa told the court that he was not feeling well and needed a break.
During cross-examination, one of the accused persons Blessing Chiduke accused Mutizwa of fabricating stories in court.
He said Mutizwa was bringing new issues in court which he did not mention in his statement to the police.
"Why did you not implicate the prison officers, Matapo and Mai Mujuru in your statement but chose to mention them in court? How did you come up with other material in court?
"I put it to you that whatever you added in court is not the truth," Chiduke said.
In response, Mutizwa said his statement to the police was a pre-amble of his evidence adding that everything he said in court was true.
Mutizwa said he could not implicate the prison officers in his statement since they were present hence he was afraid.
Gumbura is jointly charged with Chiduke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28), Elijah Vhumbunu (38) and an armed robber, Lucky Matambanadzo (39).
Source - the herald
