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Gumbura security guards acquitted

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A HARARE magistrate has acquitted two security guards of jailed RMG Independent End Time Message leader Robert Martin Gumbura, who were facing charges of obstructing the course of justice.

A HARARE magistrate has acquitted two security guards of jailed RMG Independent End Time Message leader Robert Martin Gumbura, who were facing charges of obstructing the course of justice. PHILLIP CHIDAVAENZI

The two, Simbarashe Musiyiwa (35) and Tendai Mandevani (35), had been on trial for allegedly barring a police officer from entering Gumbura’s Marlborough house to investigate the cleric for rape.

Magistrate Victoria Mashamba ruled that there were inconsistencies in the evidence given by the State witnesses against the guards, which instilled doubt into the court’s mind that the witnesses were telling the truth. While some witnesses told the court that the police officer produced his identity card, other witnesses said he did not.

There were also conflicting statements regarding the exact time that the police officer arrived at Gumbura’s house.

Prosecutor Nyikadzino Machingura did not dispute averments by defence lawyer Rekai Maposa that some parts of the precast security wall at the house were so low that the police officer could have easily gained entry into the premises.

The court also noted that Muterere arrived at the premises at night and the accused persons could not have “prophesied” that he was a bona fide police officer on legal duty.

Allegations against the two guards had been that when Muterere arrived at Gumbura’s house on October 12 last year with the intention of arresting Gumbura on allegations of rape, he met Musiyiwa and Mandevani who were manning the gate.

They allegedly locked the gate and barred the police officer from entering the yard and he failed to execute his duties although he had identified himself.