THERE was drama at the High Court on Wednesday when lawyers representing RMG End Time Message founder Robert Martin Gumbura and the Prosecutor-General’s representative were locked in a showdown over how to proceed with the imprisoned pastor’s appeal against his 40-year jail term.
Charles Laiton
The heated argument between prosecutor Editor Mavuto and lawyers Tapson Dzvetero and advocate Sylvester Hashiti started in court just after judges of appeal Justices David Mangota and Felistas Chatukuta had adjourned the court and instructed the counsels to come to the chambers for the way forward.
Tempers almost flared when Mavuto accused the lawyers of not being fair to him by not advising him in advance that they intended to make an application for postponement of the matter. This was after Hashiti had applied to the court to have Gumbura’s appeal postponed indefinitely saying he wanted to file heads of argument in respect of four appeals and also to have Gumbura’s matters consolidated before arguing on the matter.
“It’s news to me that they are seeking for a postponement of the matter and I wonder which matters they want to consolidate because there is another matter which has nothing to do with the current appeal and the other matter is yet to be finalised at the magistrates’ court,” Mavuto said.
Hashiti and Dzvetero, however, apologised to Mavuto for their failure to notify him of their intentions, but insisted they wanted Gumbura’s matters consolidated and be dealt with at once as opposed to “piece meals”.
“We want to have the matters consolidated and at the same time we are still waiting for the outcomes on our applications that we made at the lower court. We made several applications including a constitutional application,” Dzvetero said while talking to Mavuto.
The lawyers’ sentiments had, prior to the court’s adjournment, been echoed by the judges who felt there was need for a holistic approach to the matter which they later postponed to the third term.
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Gumbura was in March last year slapped with a 50-year jail term by Harare regional magistrate Hosea Mujaya who convicted him on four counts of rape and a count of possessing pornographic material, but suspended 10 years on condition of good behaviour.
