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Gomwe appeals conviction, sentence

SUSPENDED Zanu PF Harare provincial youth chairperson, Godwin Gomwe on Friday appealed at the High Court against both his conviction and sentence in a matter where he was charged with criminal insult and sentenced to 70 hours of community service.

By Obey Manayiti

Gomwe was found guilty of insulting Zanu PF member Abraham Samushonga by calling him “Gamatox” and other unprintable words in a telephone conversation.

The youth leader was also convicted of insulting Zimbabwe Liberation War Collaborators’ Association (Ziliwaca) executive Winnie Madekufamba at the ruling party’s congress in December last year.

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However, in his appeal that was filed by his lawyer Advocate Thembinkosi Magwaliba, and assisted by John Ndomene,
Gomwe said the presiding magistrate Takunda Mtetwa erred in that he failed to analyse the evidence of each State witness who gave evidence without justifying why Gomwe’s evidence was rejected.

Magwaliba argued that the magistrate further erred in finding that Gomwe should have proven his innocence and should have led evidence to bolster his defense. He said the sentence induced a sense of shock and was outrageous and manifestly excessive.

Gomwe said the appeal should set aside both conviction and sentence and that he be found not guilty and acquitted.

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