AN animal sanctuary owner and two of his employees who allegedly kidnapped and assaulted a suspected fish poacher before demanding a ransom for his “safe” release have applied to a local regional magistrate for the case to be referred to the Constitutional Court (ConCourt) for permanent stay of execution.
BY JAMES MUONWA OWN CORRESPONDENT
The trio of Rolf Hangartner (75), Jerasi Kawundura (33) and Canaan Kaputen (38), through Advocate Fungayi Mahere of Honey and Blackenberg law firm, made the application to Chinhoyi regional magistrate Never Katiyo on Wednesday.
In the application, Mahere said the matter had taken five-and-half years to go for trial and therefore her clients were unlikely to get a fair and reasonable hearing at the Chinhoyi Magistrates’ Court.
Further, Mahere averred, complainant in this matter Lyson Mwanza was writing letters to Hangartner seeking payment of money in return for withdrawal of the charges the three are facing.
Mahere said the delay was in violation of Section 69 subsection (1) of the Constitution of Zimbabwe which stipulates that citizens were entitled to a fair and reasonable trial before an independent court.
State counsel Lucky Dube stated he would file opposing papers on March 19 while Katiyo is expected to hand down the Judgment on the same day.
In count one (kidnapping), it is alleged that between November 29 and December 1 2008 at Canon Kopje Game Sanctuary, Mutorashanga, one or more of accused persons, unlawfully and intentionally deprived complainant of his freedom of movement by locking him in a farm barn for two days after they caught him poaching fish.
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In count two, assault as defined in Section 89 of the Criminal Code, it is alleged on November 29 at the sanctuary the trio put a rope around complainant’s neck and dragged him before kicking him on the rib cage. In the third count (extortion), the State alleges on December 1 at Lonecow Farm, the trio demanded complainant’s wife Tazvivinga Chareka’s radio speakers and a Nokia 5110 cellphone as surety that her husband would dig a six-metre deep and three-metre wide pit which was condition for his release from captivity.
