New twist in Chikurubi  toiletries saga

chikurubiTendai Rupapa Senior Court Reporter
The Zimbabwe Prison and Correctional Services has denied confiscating basic toiletries for suspects accused of masterminding the foiled jailbreak at Chikurubi Maximum Security Prison recently, saying instead, the prisoners burnt their items during skirmishes.

Testifying in court yesterday before Harare magistrate Mr Tendai Mahwe, Chikurubi Maximum Security Prison officer-in-charge Chief Prison Officer Desire Mutsindiri said ZPCS did not have adequate funds to buy toiletries for inmates.

CPO Mutsindiri said he advised all the affected inmates, including the suspects, to get toiletries from their relatives.

Through their lawyer, Mr David Hofisi, 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) made an application to have their basic toiletries returned recently.

They claimed their items had been confiscated by the ZPCS after their alleged escape bid in February this year.

Mr Hofisi said his clients did not have towels, toothbrushes, soap, slops and jerseys.

They added that by not giving them their items, the ZPCS was defying a court order, prompting the court to quiz the State on why the order had not been executed.

Prosecutor Mr Michael Reza then called CPO Mutsindiri to clarify the matter.

“Your Worship, I dispute the gang’s claim that we confiscated their items. We allowed them to have access to those things through their relatives because the ZPCS is not in a position to buy those things for them. We can only afford to buy them food,” he said.

Mr Reza told CPO Mutsindiri the nature of the gang’s application was about getting back their items from the ZPCS, not from their relatives.

 

In response, CPO Mutsindiri said: “Your Worship, it is impossible because they are not the only ones who lost their toiletries, even other inmates lost their items. Most of their things got mixed up during the skirmishes zvakapera kutsikwa-tsikwa and some were burnt. Vakazvipisira vega zvinhu zvavo and those that got mixed up we could not tell kuti ichi ndechani.”

However, during the proceedings, Robert Martin Gumbura, through his lawyer Mr Tapson Dzvetero, asked the court to be excused and be remanded to another date saying he was not part and parcel of his alleged accomplices’ application.

Mr Dzvetero told the court that his client got the basic toiletries from his relatives, hence he had no complaints.

Mr Mahwe remanded Gumbura, who was among the suspected conspirators, to June 5.

Back to the proceedings, the gang’s lawyer, Mr Hofisi, accused the CPO of lying to the court, insisting that the ZPCS confiscated the items from his clients as a way of fixing them.

He said some of his client’s relatives had no money to buy replacement toiletries for them, hence the ZPCS should give them back even those that got mixed up.

He said CPO Mutsindiri should have checked their records for easy identification of the prisoner’s items.

After hearing submissions from both parties, Mr Mahwe rolled over the matter to today for a ruling.

The prisoners are facing charges of attempting to escape from lawful custody, incitement or alternatively, conspiracy.

They face an additional charge of incitement to assault or, alternatively, conspiracy to assault arising from a demonstration over poor food quality, which they said infringed their rights.

The State alleges that on February 13 in the morning in B Hall at Chikurubi, Gumbura incited other inmates to protest over poor food quality, saying it was an infringement of their rights.

It is alleged the move was aimed at creating chaos leading to a jail break.

Violence later erupted with prisoners vandalising property valued at $450 000.

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