A SERVING prisoner Claudius Mutizwa, who is a State witness in a matter in which RMG Independent End Time Message church leader Robert Martin Gumbura is being tried alongside other inmates over charges of attempting a jailbreak, yesterday declined to continue giving evidence claiming his life was in danger.
BY SILENCE CHARUMBIRA
Mutizwa made an application before Harare magistrate Francis Mapfumo to have his complaints, of abuse and threats by prison officers at Harare Central Prison, investigated and his application was granted.
The trial is set to resume today.
In his application, Mutizwa said problems started after the State had made enquiries on Monday about the allegations that prison officers were dressing in prison garb serving inmates in condemned prisoners’ uniform. “Yesterday [Monday], he [the officer-in-charge] came and threatened us. This morning he came again and started shouting at us saying, ‘you people are stupid’. I would like the court to put that on record before I can proceed. If the court can also call the other witness who is in court 15 so that he can testify as to what the officer-in-charge said,” Mutizwa said.
Prosecutor Michael Reza undertook to engage the superiors of the said officer-in-charge to resolve the witness’s concerns, prompting the magistrate to intervene and reassure him.
“While the trial here continues, we are going to ask the area PP [Public Prosecutor Jonathan] Murombedzi to engage, subject to availability, even the deputy commissioner [of prisons] so that we continue here while investigations are in progress,” Reza said.
Mutizwa then asked the court to put on record Proverbs 22 verse 3 in the Bible which he proceeded to read.
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“A prudent man foresees the evil, and hides himself: but the simple pass on, and are punished,” he read.
But Mapfumo interjected and said it was not the witness’ duty to give instructions to him.
Mapfumo added: “The prosecutor has made an undertaking that he will engage the officer-in-charge’s superiors and you have to be assured that you are safe and they are dealing with your case.”
Defence lawyer Tapson Dzvetero tried to push Mutizwa into continuing with cross-examination, but he declined.
“I feel the witness may be dodging cross-examination here,” Dzvetero said, to which Mutizwa responded and queried: “I thought it was my duty to give evidence as a bona fide citizen of the country, but the complexion has changed. What have I done? I am really frustrated. I have done nothing wrong, Your Worship. Why is the government doing this to us?”
“Prison is a closed institution. I treasure my life. I know my life is in danger. You may take it for granted, but I know my life is in danger,” Mutizwa added, leaving the magistrate with no option, but to grant his application.
Mapfumo ruled: “Application by the witness has been granted. The trial will continue tomorrow (today) after investigations.”
