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accomplice in their jail breaking case.
Matapo, Ruperts Chimanga, Phillip Chivhurunge, Lucky Mhungu, Bigknows Wairesi and Sairezi Shonhiwa – are facing charges of attempting to break out of Chikurubi Maximum Security Prison.
Matapo and Mhungu, through their lawyer Mr Charles Warara had made an application for referral of the matter to the Supreme Court arguing that their rights were being infringed upon.
However, in his ruling, Mr Morgen Nemadire said he concurred with prosecutor Mr Michael Reza’s submissions that Matapo and Mhungu were not being mistreated.
He also denied the claim that the cells they are living in were once condemned and that they were being ill-treated at Chikurubi.
Mr Nemadire, however, said their cells should be opened from 7 in the morning to 4pm and that their lights should be switched off during the night.
Mr Reza had opposed the application arguing that Matapo was actually “living large in prison”. He said the application was a “delaying tactic”.
The State alleges that sometime in March last year the six connived with Asani Chikwanda (serving) to escape from prison.
Prison Officer Donald Gwekwerere, who is currently on bail pending appeal, allegedly supplied them with the tools to cut burglar bars.
On April 4, 2009, it is alleged, Chimanga, Mhungu, Wairesi, Chivhurunge, Shonhiwa and Matapo used a hacksaw to cut burglar bars securing the observation window to their cell.
It is alleged they smashed the window and got out but a prison officer caught them as they tried to make good their escape.