Guvamombe granted $3 000 bail

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Suspended chief magistrate Mishrod Guvamombe was yesterday arraigned before Harare magistrate Munamato Mutevedzi facing allegations of abuse of office and was granted $3 000 bail with stringent conditions.

Suspended chief magistrate Mishrod Guvamombe was yesterday arraigned before Harare magistrate Munamato Mutevedzi facing allegations of abuse of office and was granted $3 000 bail with stringent conditions.

BY DESMOND CHINGARANDE/XOLISANI NCUBE

Guvamombe was arrested on Friday, the same day he was suspended from office by the Judicial Service Commission (JSC) on allegations of abuse of office.

He was accused of approving the internship of former cabinet ministers Saviour Kasukuwere and Supa Mandiwanzira at the magistrates’ court at a time when they were facing criminal charges emanating from their days in power.

In passing the bail ruling, Mutevedzi said the state, which had opposed bail on the grounds that the chief magistrate would interfere with witnesses or flee the country, had failed to present compelling reasons that would warrant denial of bail.

“The constitution of Zimbabwe needs compelling reasons, not only reasons. The accused person has been suspended from work and has no power to intimidate witnesses. The records have been taken by police and are secure and the accused cannot reach them,” ruled Mutevedzi. Mutevedzi ruled Guvamombe should report to the police three times a week, not to travel 50km outside Harare and to surrender surety of a property valued at more than $30 000.

According to prosecutors Michael Reza assisted by Zivanai Macharaga, Guvamombe, while aware that the two ex-ministers had pending criminal cases before the courts, approved their internship, putting the integrity of the judicial system into disrepute.

It is alleged that on November 27, 2018, Guvamombe received correspondence from the University of Zimbabwe (UZ) seeking internship places for law students and on the list were Kasukuwere and Mandiwanzira.

“The accused person went on to authorise the attachment of the students by appending his signature and referred the correspondence to the deputy chief magistrate for action without any comments or reservations,” read part of the state papers.

Kasukuwere and Mandiwanzira are law students at UZ and were recently attached at the magistrates’ courts for internship although they have allegations of corruption being levelled against them.

The state opposed bail saying Guvamombe would interfere with state witness who include his deputy Elijah Makomo, Elisha Singano and Lazini Ncube.

Also the state, through the investigating officer, Clemence Mushavi, had alleged that Guvamombe tried to avoid being arrested by asking to go on leave when he was told that he was being probed.

After failing to get the leave approved by the JSC, the police officer told the court that Guvamombe tried to avoid being arrested on medical grounds as he produced a medical report which stated that he should not sleep on a hard surface or near a wall as this would cause him to bleed.

The police officer, while being cross-examined by Guvamombe’s lawyer Jonathan Samukange, said the doctor’s letter was defective as it was an attempt to shield him from being arrested.

The state alleged that although Kasukuwere and Mandiwanzira were attached at the civil court, they were “now mingling with the presiding magistrate and sorting their own criminal records”.

When asked to produce evidence on the said allegations, Mushavi said he had none but was working on assumption and probability.

“Did you have evidence of Kasukuwere and Mandiwanzira mingling with their records?” Samukange asked, to which Mushavi responded in the negative.

“So why are you saying they were interfering? Samukange asked, to which the police officer said: “They might interfere.”