Jailed cleric Robert Martin Gumbura has filed an
application seeking referral to the Constitutional Court, arguing that his rights
were being violated by forcing him to his defence at the magistrate’s court
before his High Court appeal is finalised.
Gumbura is facing charges of attempting to break out of
Chikurubi Maximum Security Prison, where he is serving a 40-year jail term for
the rape of several female congregants.
Gumbura’s application was dismissed together with his
alleged six accomplices, namely Blessing Chiduke (25), Luckmore Matambanadzo
(39), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37) and Elijah
Vhumbunu (38), while the other accused Thulani Chizema (32) and Jacob Sibanda
(28) had their application granted after the State failed to prove a prima
facie case against them.
Through their lawyer Lovemore Madhuku, the seven accused
had submitted that the magistrate erred in allowing the matter to be put to
defence before the High Court finalised their application.
But magistrate Francis Mapfumo ruled that there was no
justification to stop the proceedings at the lower courts since there is no
order from the High Court to stop proceedings.
Madhuku said he would file the application for referral to
the ConCourt today, saying the decision by the courts to refuse a judgment
review was violating his client’s rights to fair trial.
The accused persons are facing charges of attempting to
escape from lawful custody, incitement in aggravating circumstances or
alternatively and conspiracy in aggravating circumstances for malicious damage
to property.
Vumbunu is, however, out of custody after completing his
10-year jail sentence for robbery.
The matter was postponed to Monday next week for defence
case. Newsday
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