Wallace Ruzvidzo Herald Reporter
DAVID Whitehead Textiles shareholder Edwin Chimanye, who was jailed 18 months for dating a minor in 2013, recently heaved a sigh a relief after the High Court reinstated his appeal against conviction and sentence.
The businessman had his appeal dismissed for want of prosecution in 2015 but he unlawfully enjoyed his freedom for four years.
The 2015 warrant of arrest was cancelled in May this year after Chimanye’s lawyers filed an application for reinstatement of the appeal.
Last month the Harare Magistrates’ Court issued a fresh warrant following changed circumstances resulting in the police launching a manhunt for Chimanye.
Police who were looking for him yesterday confirmed they had shelved the hunt.
Last week, High Court judge Justice David Mangota reinstated the appeal resulting in cancellation of the warrant of arrest.
“The applicant’s failure to comply with the provisions of Rule 22 (2) of the Supreme Court (Magistrates Courts) (Criminal Appeals) Rules be and is hereby condoned.
“The appeal in case number CA290/2013 be and is hereby reinstated.
“The Registrar be and is hereby directed to serve a fresh notice issued in terms of Rule 25 of the Supreme Court (Magistrates’ Courts) (Criminal Appeals) Rules within a case number CA290/2013 and set the matter down for hearing during the second term of 2019 in terms of the High Court of Zimbabwe judicial calendar,” reads the order.
Police spokesperson Assistant Commissioner Paul Nyathi confirmed shelving the manhunt.
“As the police sought to arrest Chimanye, they were served with an order of the court reinstating the appeal.
“We understand the warrant of arrest has since been cancelled and we are no longer looking for him,” said Asst Comm Nyathi.
When Chimanye was sentenced in 2013, he urgently filed a notice of appeal at the High Court. Subsequently, he successfully applied for freedom pending appeal and deposited $1 000 with the Clerk of Court.
He intended to contest both conviction and sentence.
However, Chimanye did not pay the required fee of $70 to have his court record processed neither did he make an effort, as required by the law, to prosecute his appeal.