DAVID Whitehead Textiles shareholder Edwin Chimanye, who
was jailed 18 months for dating a minor in 2013, recently heaved a sigh a
relief after the High Court reinstated his appeal against conviction and
sentence.
The businessman had his appeal dismissed for want of
prosecution in 2015 but he unlawfully enjoyed his freedom for four years.
The 2015 warrant of arrest was cancelled in May this year
after Chimanye’s lawyers filed an application for reinstatement of the appeal.
Last month the Harare Magistrates’ Court issued a fresh
warrant following changed circumstances resulting in the police launching a
manhunt for Chimanye.
Police who were looking for him yesterday confirmed they
had shelved the hunt. Last week, High Court judge Justice David Mangota
reinstated the appeal resulting in cancellation of the warrant of arrest.
“The applicant’s failure to comply with the provisions of
Rule 22 (2) of the Supreme Court (Magistrates Courts) (Criminal Appeals) Rules
be and is hereby condoned.
“The appeal in case number CA290/2013 be and is hereby
reinstated.
“The Registrar be and is hereby directed to serve a fresh
notice issued in terms of Rule 25 of the Supreme Court (Magistrates’ Courts)
(Criminal Appeals) Rules within a case number CA290/2013 and set the matter
down for hearing during the second term of 2019 in terms of the High Court of
Zimbabwe judicial calendar,” reads the order.
Police spokesperson Assistant Commissioner Paul Nyathi
confirmed shelving the manhunt.
“As the police sought to arrest Chimanye, they were served
with an order of the court reinstating the appeal.
“We understand the warrant of arrest has since been
cancelled and we are no longer looking for him,” said Asst Comm Nyathi.
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. However,
Chimanye did not pay the required fee of $70 to have his court record processed
neither did he make an effort, as required by the law, to prosecute his appeal.
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