HARARE - Convicted Independent End Time Message founder Robert Martin Gumbura has filed a bail application pending his appeal against conviction and 40-year jail term.
Harare magistrate Hosea Mujaya will pass ruling on the application after the State files its submissions tomorrow.
Gumbura was convicted on four counts of rape and contravening the Censorship Act.
His lawyer Rekai Maposa argued the court had misdirected itself when it convicted and sentenced Gumbura.
She said there were no prospects of Gumbura absconding court proceedings because he was highly cooperative during his trial.
“Applicant did not abscond proceedings which culminated into his conviction,” Maposa argued. “His cooperation with investigating officers and arresting details was above board.”
Maposa implied that the magistrate used emotions in passing sentence.
“On the social front, there has been a hysterical demand for clearing the society of sexual offenders at all costs,” she said. “Judicial officers should however, not lose sight of the basic tenets of justice and fairness or get emotionally involved.”
Mujaya sentenced the 57-year-old pastor to 15 years each on the first two counts of rape, and jailed him for 10 years on each of the other two counts. From the total of 50 years, Mujaya suspended 10 years.
A further four months, which are to run concurrently with the 40-year prison term, were added on the charge of possessing pornographic material.
Gumbura, who initially faced nine counts of rape was acquitted on the other five charges.
In passing sentence, Mujaya said Gumbura was a “wolf in a sheep skin” who preyed on girls and women to gain sexual favours.
“The core business of church is worshipping, not sleeping with girls or women and threatening them, claiming misfortunes would befall them,” Mujaya said.
“The victims must have been psychologically affected. They are going to suffer trauma and stigmatisation,” Mujaya said, adding that steps should be taken to ensure that the survivors receive counselling.
Prosecutor Jonathan Murombedzi had urged the court to impose a life sentence or at least 25 years for each count.