Jailed cleric Robert Martin Gumbura yesterday
unsuccessfully filed an application to stop proceedings in a case in which he
is facing charges of attempting to break from Chikurubi Maximum Security
Prison.
Gumbura’s application was dismissed together with that of
his alleged accomplices, Blessing Chiduke (25), Luckmore Matambanadzo (39),
Luck 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 his lawyer Lovemore Madhuku, Gumbura and others
said they felt the magistrate erred in allowing the matter to be put to defence
arguing the High Court must review the judgment before proceeding to the
defence case.
But magistrate Mapfumo ruled that there was no
justification to stop the proceedings at the lower courts since there was no
order from the High Court.
“There is no justification to stop the proceedings since there
is no order. If they wanted to stop the proceedings they should have filed an
urgent chamber application at the High Court to stop the proceedings pending
review, but they failed, so the application to stop the proceedings is hereby
dismissed,” Mapfumo ruled.
Prosecutor Michael Reza had challenged the application
saying there was no order from the High Court to stop the proceedings.
Witnesses had told the court that Gumbura was popular in
prison and had used his resources which include cigarettes and food to
influence other inmates to protest.
Mapfumo further ruled that the State proved that Chiduke,
Matambanadzo, Mhungu, Dodzo and Vhumbunu participated in the violence which
left prison officers injured, property damaged and loss of lives and so they
must be put to their defence.
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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