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Justice Hungwe, murder suspect ‘square off’

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THE long-standing murder case involving Jerusalem Apostolic Faith Church leader Jonathan Mutsinze, took a new twist yesterday after High Court judge Justice Charles Hungwe and Mutsinze gave conflicting evidence.

THE long-standing murder case involving Jerusalem Apostolic Faith Church leader Jonathan Mutsinze, took a new twist yesterday after High Court judge Justice Charles Hungwe and Mutsinze gave conflicting evidence over the stage at which the trial was adjourned more than 10 years ago.

CHARLES LAITON

Chief Justice Godfrey Chidyausiku pointed out in the Constitutional Court (ConCourt) that there was a serious conflict between Mutsinze and Justice Hungwe over the murder case.

“There is an affidavit which was filed yesterday (Tuesday) by the applicant (Mutsinze) indicating that he was never convicted by the judge and at the same time the judge who presided over the matter (Justice Hungwe) argues he convicted the accused and what remains is the issue of extenuating circumstances and sentence. It would appear there is a serious conflict,” Chief Justice Chidyausiku said.

Prosecutor-General (PG) representative Edmore Nyazamba dismissed Mutsinze’s claims and told the full constitutional bench that Justice Hungwe had indicated in his affidavit that judgment was passed and all that remained was the issue of sentence.

However, Nyazamba further said Mutsinze’s lawyers and the PG’s Office could not come up with a common position on whether Mutsinze was convicted or not as such he requested the court to allow the Registrar of the High Court to reconstruct the record of proceedings.

“All the notes of the proceedings were recorded down viva voce (in live voice) by the then prosecutor, now Deputy-Attorney General, Florence Ziyambi. The record of proceedings is being reconstructed by the Registrar of the High Court and it is only that record which will tell us what happened,” Nyazamba said.

After a brief adjournment where all the parties were called to the ConCourt chambers, the court eventually gave the Registrar of the High Court an ultimatum.

“This matter is further postponed sine die (indefinitely) to enable the Registrar of the High Court to reconstruct the record in the matter with the assistance of all the parties within 30 days and the matter will be set down for hearing,” Chief Justice Chidyausiku said.

Mutsinze approached the ConCourt arguing his liberty was now a constitutional issue after spending over 16 years behind bars. “I have become a victim of the system and have been in custody for 16 years of which the last 10 years I have been waiting for judgment.

This period of time surpasses any form of reasonability as envisaged by section 13(4) and 18(2) of the Constitution of Zimbabwe,” Mutsinze argued.

Mutsinze is accused of killing Lesmore Kange and Willis Konje sometime in 1998.