Incarcerated Robert Martin Gumbura is today expected to appear again before Justice Moses Foroma for the determination of his application for freedom.
Although Gumbura’s prison nightmare is now set to end in just five years after the High Court considered his appeal and proceeded to slash his 20-years jail sentence by half, he has approached the High Court seeking bail pending leave to appeal his sentence at the Supreme Court.
The rape accused RMG End Time Message leader was serving an effective 40-year jail term.
Gumbura was initially slapped with a 40-year effective jail term by regional magistrate Hosea Mujaya, but the sentence was this year slashed by the High Court on appeal.
But Gumbura, who is no longer represented by a lawyer, last Thursday filed an application for bail pending leave to appeal the reduced sentence at the Supreme Court on the basis that the High Court misdirected itself when it considered reducing his jail term instead of acquitting him.
National Prosecuting Authority (NPA) representative Editor Mavuto opposed the cleric’s move and challenged him to avail the court record.
Mavuto said Gumbura should show the presiding judge where the court allegedly misdirected itself when it reduced his sentence.
“The most important factor in considering the present application is whether or not there are prospects of success on appeal against conviction. In other words, the applicant (Gumbura) is obliged to point in the judgment by the appeal court where exactly the misdirection is.
“Thus, there is a need for the applicant to attach the record of proceedings together with the judgment of the High Court so that this honourable court can be put into the right picture on the alleged misdirection,” he said.
He adds: “Without the complete record of proceedings and judgment of the appeal court, it is submitted that the application is incomplete. It is impossible for this court to access the prospects of success on appeal without the above-mentioned material documents.”
Credit: Zimbabwe Voice
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