Convicted RMG Independent End Time Message leader Robert Martin Gumbura has engaged Advocate Thembinkosi Magwaliba to represent him on his rape charges and the trial was yesterday postponed to April 29.
Gumbura is jointly charged with his secretary Tendai Ganyani who allegedly assisted him rape a minor he had adopted.
Gumbura's lawyer Ms Rekai Maposa yesterday surrendered the case to Adv Magwaliba, indicating that she was getting emotionally attached to the case.
Addressing the court, Ms Maposa said Adv Magwaliba assisted Gumbura in his bail pending appeal at the High Court and is the best person to represent him since Adv Magwaliba is aware of nuances of the matter.
In the bail pending appeal application, Adv Magwaliba defended Gumbura indicating that he should be judged on the facts established in his case without the influence of people's moral opinions that are not supported by law.
Adv Magwaliba emphasised that fear by the State that his client's release on bail might cause public outcry was not a good ground to deny him bail when he has a good case at law.
However, prosecutor Mrs Kudzai Chigwedere opposed postponement of the matter on grounds that the witness who is based in South Africa had been waiting for almost two weeks to testify.
"This matter has been remanded at the instance of the accused at the expense of the complainant who has a three month-old baby and has been away from home for almost two weeks," she said.
Ms Maposa insisted that she could not be forced to represent Gumbura who had instructed her to seek services of an advocate.
"I was getting emotionally involved in this case and for professional reasons Adv Magwaliba will take over on April 17 since he is currently engaged in another matter in Johannesburg, South Africa," she said.
Magistrate Mrs Fadzai Mtombeni postponed the matter to April 29 saying Gumbura has a constitutional right to legal representation.
The State alleged that Gumbura took advantage of the underprivileged girl and raped her with Ganyani's help. Ganyani allegedly ordered the girl to go into Gumbura's office and she locked the door from outside.
After raping the girl, it is alleged, Gumbura phoned Ganyani to unlock the door. Both Gumbura and Ganyani deny the charge.
Gumbura is jointly charged with his secretary Tendai Ganyani who allegedly assisted him rape a minor he had adopted.
Gumbura's lawyer Ms Rekai Maposa yesterday surrendered the case to Adv Magwaliba, indicating that she was getting emotionally attached to the case.
Addressing the court, Ms Maposa said Adv Magwaliba assisted Gumbura in his bail pending appeal at the High Court and is the best person to represent him since Adv Magwaliba is aware of nuances of the matter.
In the bail pending appeal application, Adv Magwaliba defended Gumbura indicating that he should be judged on the facts established in his case without the influence of people's moral opinions that are not supported by law.
Adv Magwaliba emphasised that fear by the State that his client's release on bail might cause public outcry was not a good ground to deny him bail when he has a good case at law.
 |
| Latest on rapist Gumbura's case: female lawyer 'dumps' him |
"This matter has been remanded at the instance of the accused at the expense of the complainant who has a three month-old baby and has been away from home for almost two weeks," she said.
Ms Maposa insisted that she could not be forced to represent Gumbura who had instructed her to seek services of an advocate.
"I was getting emotionally involved in this case and for professional reasons Adv Magwaliba will take over on April 17 since he is currently engaged in another matter in Johannesburg, South Africa," she said.
Magistrate Mrs Fadzai Mtombeni postponed the matter to April 29 saying Gumbura has a constitutional right to legal representation.
The State alleged that Gumbura took advantage of the underprivileged girl and raped her with Ganyani's help. Ganyani allegedly ordered the girl to go into Gumbura's office and she locked the door from outside.
After raping the girl, it is alleged, Gumbura phoned Ganyani to unlock the door. Both Gumbura and Ganyani deny the charge.
.jpg "Sona Solar Zimbabwe")
.jpg "Sona Solar Zimbabwe")
