Deputy Chief Justice Luke Malaba yesterday reserved judgment in a case where Attorney-General (AG) Johannes Tomana has appealed against the acquittal of human rights lawyer Alec Muchadehama and Constance Gambara, a clerk to High Court judge Justice Chinembiri Bhunu.
The pair was acquitted of contempt of court charges at the magistrates’ court in 2009.
They were being charged with allegedly unlawfully facilitating the release of freelance journalist Shadreck Manyere and senior MDC-T officials Kisimusi Dlamini and Gandhi Mudzingwa. The three were abducted in 2008 and were later released on bail which the AG was contesting.
Gambara was accused of criminal abuse of duty as a public officer. In 2010 the High Court dismissed the AG’s chamber application for leave to appeal against the magistrates’ court ruling.
Tomana failed to file the notice of appeal against the High Court’s ruling on time and filed for late notice of appeal at the Supreme Court.
Yesterday Justice Malaba reserved judgment after Muchadehama’s lawyer Beatrice Mtetwa raised preliminary issues that the appeal was not properly brought before the courts.
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“The judge reserved judgment after we raised preliminary issues on whether the AG should approach the Supreme Court without seeking leave to appeal from the High Court because it doesn’t have original jurisdiction on an appeal from the magistrates’ court,” said Mtetwa.