Daniel Nemukuyu Senior Court Reporter
A Supreme Court judge has deferred to August 18 a bail appeal by jailed rapist RMG Independent End Time Message Church leader Robert Martin Gumbura to allow the registry to properly paginate the record of proceedings from the High Court. Justice Bharat Patel also advised State lawyer Mr Editor Mavuto to file fresh heads of arguments in the case after the court learnt that they were prepared and filed in a rush.
The developments took place on Friday when the parties appeared before Justice Patel in his chambers.
This followed the High Court’s decision that allowed Gumbura to approach the Supreme Court with a challenge against the dismissal of his bail application.
Gumbura, who was jailed for 40 years on four counts of rape, has since appealed against his conviction and sentence by a Harare magistrate.
Pending determination of the main appeal, Gumbura unsuccessfully applied for bail before Justice Musakwa in May.
Dismissing Gumbura’s bail application, Justice Musakwa held that there were no prospects of success in the main appeal against conviction and sentence.
Justice Musakwa ruled that Gumbura’s chances of being acquitted on appeal were slim and that he should serve his sentence.
During the bail application Advocate Thembinkosi Magwaliba who represented Gumbura, argued that his client should be judged on the facts established in his case without the influence of the people’s moral opinions that are not supported by law.