Mugabe regime targeting High Court judge
By Lance Guma
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HARARE – A High Court judge who recently ordered the immediate release of human rights lawyer Beatrice Mtetwa and also granted a search warrant to the Zimbabwe Anti-Corruption Commission (ZACC) to search the offices of three Zanu PF Cabinet ministers is now allegedly being victimised by the Mugabe regime.
Nehanda Radio understands the Zanu PF controlled state media has been ordered to dig up as much dirt as they can on Justice Charles Hungwe as retaliation for these two rulings which were not sanctioned by the regime. All judges who make independent rulings are eventually hounded out.
The onslaught began on Saturday when the Herald newspaper published a story claiming Justice Hungwe “has come under fire from the legal fraternity for denying justice to a 55-year-old man he convicted in 2003 but has failed to sentence over the past 10 years after losing his court records.”
The case involves Jonathan Mutsinze of Nyameni, Marondera who has been in Harare remand prison awaiting sentencing following his conviction on charges of robbery and murder with actual intent in 2003. Mutsinze was arrested and convicted of car theft in 1998 and sentenced to six years and eight months.
But while serving his sentence he was tried on other charges of murder and armed robbery committed in 1998. His trial began in 2002 before Justice Charles Hungwe and was concluded in March 2003. The trial prosecutor was Mrs Florence Ziyambi, who is now deputy attorney general (civil).
“Mutsinze was convicted of murder with actual intent. Extenuation done before the matter was remanded to another day for sentencing. According to sources at the High Court, the trial record which was retained by Justice Hungwe has never been seen again,” the Herald reported.
“Meanwhile the accused has been languishing in remand because the matter is considered partially heard since it did not go for sentencing. Tapes pertaining to Mutsinze’s case were also erroneously erased before the matter was completed making the production of a duplicate record virtually impossible.”
The Herald even quoted a senior advocate who spoke on condition of anonymity equating Justice Hungwe’s behaviour to criminal negligence.
“It is a fundamental and internationally recognised principle of the rule of law that justice delayed is justice denied. This poor fellow’s justice has been grossly and scandalously violated by Justice Hungwe’s inexplicable failure to sentence him after convicting him some 10 years ago of a very serious crime of murder.”
Justice Charles Hungwe issued an order around 1 a.m. Monday (2300 GMT Sunday) for arresting officers to immediately release detained human rights lawyer Beatrice Mtetwa. The police however refused to obey the order and bizarrely a lower Magistrates Court denied Mtetwa bail.
Two weeks ago Justice Hungwe granted the Zimbabwe Anti-Corruption Commission (ZACC) permission to search the offices of Mines minister Obert Mpofu, Indigenisation minister Saviour Kasukuwere, and Transport and Infrastructural Development minister Nicholas Goche.
The commission also pounced on the National Indigenisation and Economic Empowerment Board (NIEEB) and Zimbabwe National Road Administration (Zinara) offices which fall under Kasukuwere and Goche respectively. It was only pro-Mugabe judge, Justice George Chiweshe who blocked the searches.
The only time the Zanu PF controlled state media has run a negative article on a judge has been in the run up to them being hounded out of the bench. Examples in the past have included Justice George Smith and Benjamin Paradza who later fled Zimbabwe after being arrested and victimised for his independent rulings.
Meanwhile just like clock work, Zimbabwe Anti-Corruption Commission chief executive Ngonidzashe Gumbo is being accused of buying offices to be used by the commission in Mt Pleasant using Government funds, but registered the property in the name of a company he jointly owned with four of his subbordinates.
Gumbo allegedly requested US$1 680 000 to purchase the offices at 872 Betterment Close in Mt Pleasant but its being alleged the actual cost was US$1,2 million. He allegedly did not declare the balance of US$435 000 after purchasing the property. Gumbo yesterday appeared at the Harare Magistrates’ Courts.
