HARARE - The trial of jailed Independent End Time Message founder Robert Martin Gumbura on a fresh rape charge failed to kick-off for the third time yesterday after his lawyer Rekai Maposa recused herself from the case.
Gumbura is jointly charged with his secretary Tendai Ganyani.
Maposa notified the court that Advocate Thembinkosi Magwaliba would take over proceedings in the matter due to reasons she would not disclose before the court.
“I was getting involved with the case but due to what has been taking place on the ground, I think advocate Magwaliba will be taking over,” she said. “He is currently committed in South Africa but will be available on April 17.”
Maposa tendered a letter which notified the court that Magwaliba would be available for proceedings on the proposed date.
State prosecutor Kudzai Chigwedere questioned the authenticity of the letter which did not have a stamp but “a mere letterhead” of the addressee.
“The state is ready to proceed and we have a witness who has been waiting,” Chigwedere said. “The witness’ personal circumstances ought to be considered. She lives in South Africa and it is not fair to continue remanding the matter at the instance of accused yet at the expense of the witness.”
Harare magistrate Fadzai Mthombeni remanded the matter to April 29. Mthombeni also considered that Gumbura has a constitutional right to be legally represented.
The date was moved to April 29 at the insistence of the witness who advised the court that she had to return to South Africa for a while to make arrangements for her minor child’s welfare.
This is not the first time Gumbura’s fresh rape trial has been deferred.
Ealier this month, the matter was deferred because Zimbabwe Prison and Correctional Services did not have fuel to ferry the accused person to court.
The matter was later deferred again because Gumbura had indicated he was too sick to stand trial.
According to State papers, Gumbura allegedly raped the woman in 2009, before threatening to curse her if she ever reported the matter.