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Gumbura

Fungai Lupande Court Reporter
Confusion marred the rape trial of Robert Martin Gumbura, the convicted RMG Independent End Time leader, after his lawyer yesterday counter-accused the State of dragging and stalling proceedings. Gumbura’s lawyer Mr Tapson Dzetero accused prosecutor Ms Fadzayi Chigwedere of failing to file their opposing papers in Gumbura’s application for review at the High Court.

Hence, he wanted the matter to be postponed pending the High Court determination on the application for review.

“My client’s right to a free trial has been trampled upon. He fears that his trial is going a one-way direction towards conviction,” said Mr Dzvetero.

“Gumbura fears the trial will be a fast tracked one. His application of review is yet to be determined at the High Court and this court wants to continue with the same matter.

“The only condition that would allow for a fair trial to proceed is to wait for the High Court determination.”

Mr Dzvetero added that he wants the matter to be referred to the Constitutional Court on the basis that Gumbura is not being protected by the law.

“My client fears for his back and front. He is no longer secure of a fair trial,” said Mr Dzvetero.

“State plea to have the matter reopened was premised on an instruction of Mr Hoseah Mujaya who is not seized with the current matter.

“Mr Mujaya is the same magistrate who sentenced my client to 40 years in prison.”

Mrs Chigwedere told the court that the prosecutor Mr Editor Mavuto advised her that there was no application for review at the High Court.

“There is need to talk to him to clarify the issue,” she said.

Harare magistrate Ms Fadzai Mtombeni postponed the matter to Monday to allow for verifications.

The rape trial in which Gumbura is jointly charged with his secretary Tendai Ganyani was reopened on the basis that their application for review of proceeding was abandoned.

The trial was stayed last year pending a High Court review of proceedings in which Gumbura alleged the magistrate made a gross error by putting him and Ganyani to their defence.

It is alleged that Gumbura took advantage of the underprivileged girl he adopted and raped her with Ganyani’s help.

Ganyani allegedly ordered the girl to go into Gumbura’s office and she locked the door from outside.

After raping the girl, it is alleged, Gumbura phoned Ganyani to unlock the door.

Both Gumbura and Ganyani deny the charge.