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Tendai Rupapa Senior Court Reporter
AN application by eight suspects accused of masterminding a foiled jailbreak at Chikurubi Maximum Security Prison to have their matter referred to the Constitutional Court is a tactic to delay conclusion of the case, the State has submitted.

In his response to the gang’s application, prosecutor, Mr Michael Reza said the application was frivolous and vexatious and should be dismissed for lack of merit.

The eight -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) – are challenging what they claim to be an infringement of their rights.

They allege that they were tortured and ordered to eat their excrement.

“The torture of the accused has a direct impact on the ability to hold a fair hearing. Their rights as enunciated in Section 69 (1) of the Constitution are likely to be violated if prosecution is allowed to proceed,” said their lawyer, Mr David Hofisi.

The gang said the State could not legitimately conduct a prosecution when it had violated their fundamental constitutional rights. The eight also submitted that they had since been placed in solitary confinement.

However, Mr Reza said the allegations by the gang were false and base- less.

“It is pertinent to note the contradictions by applicants where they say they were assaulted and were denied medical attention yet they state in the same affidavits that they were taken to hospital and had Plaster of Paris applied on them, which is a clear indication that they sought medical attention,” Mr Reza said.

“Clearly when prisoners break prison ceilings, go to the rooftop, assault prison officers, steal keys that unlock prison gates, attempt to wrestle guns from prison officers and generally behave in the manner the applicants did on this day, only one thing is clear, they intended to shoot their way out of prison,” he said.

He added: “If the prison authorities feel that the best way of managing the ring leaders of the attempted escape is to separate them from the rest of the prison population, then so be it.”

In an affidavit signed by ZPCS Assistant Commissioner Ernest Pambayi, which forms part of the response to the gang’s application, the ZPCS denied ill-treating the gang after the melee in February this year.

“After the escape bid had been thwarted, all injured prisoners and prison officers were taken to camp hospital and Parirenyatwa Hospital for treatment. No prisoner was made to sleep on wet floors or without blankets. All the allegations of ill-treatment allegedly perpetrated by the prison officers are false,” he said.

The eight’s accomplice and alleged mastermind of the foiled jail break, Robert Martin Gumbura, is not part of the application.

Magistrate Mr Tendai Mahwe is expected to rule on the application on June 5.