The trial of prominent human rights lawyer, Alec Muchadehama, took a dramatic twist on Thursday 22 October 2009 after the trial Magistrate, Chiwoniso Mutongi, convicted the state prosecutor, Andrew Kumire of contempt of court and sentenced him to five days in prison for his offence.
He was convicted after a ruling was made against him and he banged his hand on the desk and clicked his tongue in disapproval at the ruling. This appeared to be the final straw for Magistrate Mutongi after Kumire had acted inappropriately a number of times during the ongoing trial.
The Magistrate had directed him not to pose questions in re-examination on an issue that had not been raised either when the State led its evidence-in-chief or during the cross examination of Caroline Mafuka, the Assistant Master at the High Court who is the State’s witness.
Following a hearing in chambers attended by lawyers for the State and the two accused persons (Muchadehama and Constance Gambara, who is High Court Justice Bhunu’s clerk), the matter resumed in open court, with the Magistrate imposing the sentence and instructing the court orderly to ensure that Kumire remained in the court room whilst she (Mutongi) went to find the prison guard to commit the prosecutor to the cells.
In the presence of court officials, lawyers, civic activists and the media, Kumire blatantly ignored the order, walked out of the court and drove away to an unknown destination in the company of law officer, Austin Muzivi, Harare area public prosecutor Jonathan Murombedzi, Detective Inspector Henry Dowa, who is the investigating officer in Muchadehama’s case, and the unidentified court orderly (police) who had been assigned to keep guard over Kumire and ensure he remained in court.
Earlier on Magistrate Mutongi had warned Kumire not to assume the role of both State counsel and the Court at the same time after he had objected to her ruling forbidding him from asking leading questions of the State witness. Muchadehama and Gambara were left stranded in court and unable to leave as the Magistrate and prison guards battled to locate Kumire.
They had not been properly remanded following the sentencing of Kumire, as Muzivi contemptuously advised the court that he would not proceed with the trial under the circumstances. Magistrate Mutongi later postponed the trial of Muchadehama and Gambara to 17 November 2009 after the State – now represented by Murombedzi applied for a postponement.
Kumire, who returned to court in the afternoon but was not taken to cells in compliance with the order for his committal by the Zimbabwe Prisons Service guards who were present, was later granted bail after he applied for bail before Provincial Magistrate, Mishrod Guvamombe.
Guvamombe ordered Kumire to pay US$30 in bail money. Law officer, Chris Mutangadura, appeared in an unexplained capacity (he is also a State witness in the ongoing trial) but did not oppose bail; nor did he invoke section 121 of the Criminal Procedure and Evidence (CPEA) and note his intention to appeal against the bail order.
Issued by the Zimbabwe Lawyers for Human Rights (ZLHR)