HARARE - The hearing on jailed Independent End Time Message founder Robert Martin Gumbura’s bail application has been deferred to next Frida...
HARARE - The hearing on jailed Independent End Time Message founder Robert Martin Gumbura’s bail application has been deferred to next Friday, after it emerged that there were missing documents pertaining to a record of proceedings from the magistrates’ court.
Gumbura’s lawyer Rekai Maposa said the case had to be moved further to allow her to put the record in order. She said this soon after the matter was heard in High Court Judge Joseph Musakwa’s chambers.
“The record is not in order; some portions of evidence are missing from the application.
“So we have to go back to Rotten Row (Harare Magistrates’ Courts) to put the record in order to allow the judge to fully comprehend the matter,” Maposa said.
She made an undertaking to the court that all the details would be available by next week on Tuesday, before the matter was heard on Friday.
In the application for bail, Maposa claims that the conviction and sentence was a misdirection, adding that her client was not a flight risk, while prosecutor Editor Mavuto says there is nothing wrong with the sentence imposed.
Gumbura who is currently serving a 40-year prison term, approached the High Court for bail pending appeal, after his earlier attempt hit a brick wall at the Harare Magistrates’ Courts.
Regional magistrate Hosea Mujaya said he had no jurisdiction to decide on the matter.
He said the 57 year-old pastor was convicted of a serious offence and hence he had no jurisdiction to handle the bail application. Bail applications for serious offences fall under the High Court jurisdiction.
Gumbura was convicted on four counts of raping church congregants.
The controversial pastor is yet to stand trial in another rape case involving a South Africa-based woman, who was not available when trial on the other matters commenced on December 20 last year.
Trial in the matter will begin on Monday.
Gumbura’s lawyer Rekai Maposa said the case had to be moved further to allow her to put the record in order. She said this soon after the matter was heard in High Court Judge Joseph Musakwa’s chambers.
“The record is not in order; some portions of evidence are missing from the application.
“So we have to go back to Rotten Row (Harare Magistrates’ Courts) to put the record in order to allow the judge to fully comprehend the matter,” Maposa said.
She made an undertaking to the court that all the details would be available by next week on Tuesday, before the matter was heard on Friday.
In the application for bail, Maposa claims that the conviction and sentence was a misdirection, adding that her client was not a flight risk, while prosecutor Editor Mavuto says there is nothing wrong with the sentence imposed.
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| Missing record stalls Gumbura bail hearing |
Regional magistrate Hosea Mujaya said he had no jurisdiction to decide on the matter.
He said the 57 year-old pastor was convicted of a serious offence and hence he had no jurisdiction to handle the bail application. Bail applications for serious offences fall under the High Court jurisdiction.
Gumbura was convicted on four counts of raping church congregants.
The controversial pastor is yet to stand trial in another rape case involving a South Africa-based woman, who was not available when trial on the other matters commenced on December 20 last year.
Trial in the matter will begin on Monday.
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