THE on-going trial of jailed cleric, Robert Martin Gumbura and eight others, who are accused of attempting to escape from Chikurubi Maximum Security Prison, yesterday took a new twist after the suspects’ lawyer made an application seeking incarceration of the State’s “spy” witness, Claudius Mutizwa, for allegedly refusing to answer direct questions.
by PAIDAMOYO MUZULU
Gumbura’s lawyer, Tapson Dzvetero, made the application after Mutizwa had made a record 19 “no comment” responses in less than an hour while under cross-examination by the second accused person, Blessing Chiduke.
“Your Worship, I make an application that the witness [Mutizwa], by saying ‘no comment’ in response to direct questions, is actually saying he does not want to answer the questions. The court should compel him to answer these questions or send him to jail for eight days as provided for under the Criminal Procedure and Evidence Act,” Dzvetero said.
However, prosecutor Michael Reza opposed the application, saying: “If a person has to make a choice and he decides not to make a choice, that in itself is a choice.
“The witness has said ‘no comment’ to questions that sought his opinion.”
At that juncture, Chiduke interjected and insisted Mutizwa had deliberately avoided answering his questions.
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“Your worship, the record will show that I only asked one question where I sought Mutizwa’s opinion. The rest of the questions were direct that needed a confirmation, a ‘yes’ or simply a ‘no’,” Chiduke said, after which magistrate Francis Mapfumo reserved ruling on the matter to today.
“I will make a ruling tomorrow (today) after I read your application with citations of case law. The ruling will be the first thing before the trial resumes,” Mapfumo said.
The questions that Mutizwa responded with a “no comment” answers were the following: Did you see me incite or inciting other inmates at Chikurubi to attack prison officers? What about me attempting to flee from lawful custody? What about me damaging prison property? Did you ever see me receiving cigarettes or Jolly Juice from Gumbura? Do you have any evidence against me concerning the allegations that made me to be in court? Do you have a contract that shows you were contracted as a spy by prison officers? And do you have anything that can be used to justify why I am in the dock today?
Gumbura is jointly charged with Chiduke, Luckmore Matambanadzo, Luck Mhungu, Taurai Dodzo, Thomas Chacha, Thulani Chizema, Jacob Sibanda and Elijah Vhumbunu.
