By Zvikomborero Parafini
Suspended chief magistrate Mishrod Guvamombe’s application for permanent release of passport and variation of bail conditions yesterday hit a brick wall after it was dismissed by a Harare magistrate.
Regional magistrate Bianca Makwande ruled that there was no basis for scraping of bail conditions as they are the ones that motivate him to attend court proceedings whenever he is required.
Guvamombe is facing two counts, one of criminal abuse of duty and as a public officer and the other of defeating the course of justice.
“The accused made an application that he be tried at the High Court as he felt that any magistrate in the country had no jurisdiction to try him, an application which was dismissed and they made an appeal.
“It is on this background that the application for variation of bail conditions was made as they argued that the State’s case was weak as he had been investigated and freed by a tribunal, that reporting is now expensive due to fuel shortages, violation of freedom movement and that the matter was taking too long to be finalized,” said Makwande.
She further illustrated that although judicial notice was taken of the fuel shortages, they were there when Guvamombe was granted bail and there were no changed circumstances.
“The law allows for variation of bail conditions when there are changed circumstances, there is now an application at the High Court which will not be finalised any time soon.
“It’s clear that at the moment, the stay of proceedings doesn’t extinguish the charges he’s facing, he still has to appear before a competent court hence the conditions should remain to motivate him to come to court,” said Makwande.
Guvamombe will be back in court on September 17 for a possible trial date. H-Metro