The High Court has cleared former Chief magistrate Mishrod Guvamombe in his alleged involvement to place ex-ministers Supa Mandiwanzira and Saviour Kasukuwere on attachment at Harare Magistrates’ court where the duo was also on remand.
Guvamombe was facing two counts of abuse of office for
allegedly defeating the course of justice and awarding the attachment places
without seeking authority from his superiors at the Judicial Service Commission
(JSC).
He had applied for discharge at the close of the State case
at the High Court.
In her ruling, Justice Felistas Chatukuta found Guvamombe
not guilty on count two.
“With respect to count two, I find the concession by the
State that it has not established a prima face case proper.
“There is no evidence on which a reasonable court, acting
carefully, might properly convict Guvamombe. The application with regards to count
two succeeds.
“The accused is found not guilty and discharged on count
two,” ruled Judge Chatukuta.
Prosecuting, the State led by Whisper Mabhaudhi, had
conceded that there was conflicting evidence from witnesses including the JSC
permanent secretary Walter Chikwanha and Sithembinkosi Msipa.
Chikwanha had told the court that Guvamombe acted lawfully
whilst Msipa who was acting secretary at the time was of the view that the
former chief should have sought authority before accepting the two and 41
others on attachment.
Mabhaudhi said the application for discharge was merited
since there were no guidelines regarding enrolment of attaches at JSC during
the said period.
Justice Chatukuta went on to dismiss Guvamombe’s
application for discharge on his first count.
“The application for discharge at the close of the State
case be and hereby dismissed with respect to count one,” she said.
Guvamombe still has to defend himself in the first count
where he is being accused of allegedly recusing former magistrate Elijah Makomo
from a case involving his alleged business partner’s son, Nathan Mnaba.
Makomo was allegedly advised to report to Guvamombe’s
office with Nathan’s court record and was told that he was mishandling the
matter and as such should recuse himself.
It is the State’s case that Guvamombe went on to handle the
complainant’s case despite the fact that he had had a previous business
relationship with Mnaba’s father.
Mnaba was later acquitted of his charges by another
magistrate who was assigned by Guvamombe.
The trial continues this Friday. H Metro
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