Harare magistrate Mr Francis Mapfumo yesterday ruled that
jailed RMG Independent End Time Message leader Robert Martin Gumbura and his
six accomplices, accused of attempting to escape from prison, have a case to
answer and should be put to their defence.
Gumbura, Blessing Chauke (29), Lucky Mhungu (42), Taurai
Dodzo (51), Thomas Chacha (41), Elijah Vhumbunu (42), Lucky Matambanadzo (43),
Thulani Chizema (36) and Jacob Sibanda (32) had applied for discharge at the
close of the State case.
Mr Mapfumo granted the application in respect for Chizema
and Sibanda on the grounds that witnesses in the matter gave conflicting
evidence in respect of the duo.
He dismissed the application in respect to all the other
accused persons, saying they should be put to their defence.
In his ruling, Mr Mapfumo said it was common cause that
violence erupted at Chikurubi Maximum Security Prison on the day in question.
He further stated that one of the witnesses, Davison
Mutakaya, in his testimony, told the court that he witnessed the meetings
taking place and was not allowed to attend as he was labelled a sell-out.
“Another witness Nobert Chomurenga testified that he saw
the accused persons destroying property and marching towards the armoury and
warning shots were fired,” said Mr Mapfumo.
Mr Mapfumo said Chomurenga told the court that one of the
inmates was shot while tussling for a gun and that the attempt to escape was
only aborted after the shooting incident.
He said Mutakaya in his testimony said when hell broke
loose, Gumbura’s accomplices were on top of the roof.
He said there is need for the accused persons to be put to
their defence to explain whether what they did was not an attempt to escape
prison. Mr Mapfumo further stated that there is also need for the accused
persons to explain the purposes of their meetings which culminated in the
violence.
He said in his testimony John Mutizwa said the brains
behind the prison break was Gumbura, who used his influence to mobilise other
inmates to participate in the jailbreak.
Mr Mapfumo said the court heard that Gumbura used to
smuggle cigarettes into prison to lure other inmates into his plan.
“Application of discharge at the close of the State is
granted in respect for Chizema and Sibanda and dismissed in respect for all the
other accused persons,” he said.
The matter was deferred to April 25 for continuation of
trial. Herald
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