Friday, 14 February 2020

BUSINESSMAN JAILED IN 2013, CLEARED IN 2020


DAVID Whitehead Textiles shareholder Mr Edwin Chimanye, who was jailed 18 months for dating a minor in 2013, was recently cleared of any wrongdoing by the High Court.

In 2015, the businessman had his appeal against conviction and sentence dismissed for want of prosecution, but he unlawfully enjoyed his freedom for four years.

Police launched a manhunt on Mr Chimanye last year, prompting his lawyers to successfully file an application for reinstatement of the appeal.

He appealed against both conviction and sentence. Heads of argument were then filed in respect of the appeal, resulting in the High Court hearing the challenge last month.

On January 20 this year, Justices Joseph Musakwa and Phildah Muzofa heard the appeal and acquitted Chimanye.

“Whereupon, after reading documents filed of record, and hearing counsel , it is ordered that: The appeal is allowed. Conviction and sentence are set aside.
The verdict of the court a quo is substituted with: ‘Not guilty and acquitted’,” reads the court order.
In September last year, the Harare Magistrates’ Courts issued a fresh warrant of arrest against Mr Chimanye following changed circumstances, resulting in the police launching a manhunt for him. Police then shelved the hunt upon realising that Mr Chimanye’s appeal had been reinstated.

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.

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