A Harare magistrate has directed a State witness in the case in which jailed Independent End Time Message leader Robert Martin Gumbura is accused of masterminding a foiled jailbreak at Chikurubi Maximum Security Prison, to make his application to the Constitutional Court without delaying trial proceedings at the lower court.
Davison Mutakaya recently refused to testify, arguing that his rights and those of other witnesses were being violated.
He wanted his case referred to the Constitutional Court.
The witness did not disclose the rights which were being violated and produced a written application that he gave to the court.
Magistrate Mr Francis Mapfumo ruled that Mutakaya’s application was addressed to the Constitutional Court.
He ordered Mutakaya to approach the highest court.
“I went through the written submissions by the witness and I noted that the application is actually addressed to the Constitutional Court. It is therefore a document not for this court. Accordingly I return the document to the witness for him to redirect it to the Concourt,” he said.
Mr Mapfumo ordered for the trial to proceed.
Mutakaya refused to testify saying he was not feeling well.
Prosecutor Mr Michael Reza sought a postponement of the matter so that Mutakaya would be attended to by a medical doctor.
The matter was remanded to August 5.
Gumbura is jointly charged with Blessing Chauke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28) and Elijah Vhumbunu (38) and an armed robber, Lucky Matambanadzo (39).
The nine are accused of masterminding a foiled jailbreak at Chikurubi Maximum Security Prison last year.
They are facing charges of attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively conspiracy in aggravating circumstances for malicious damage to property.
It is alleged that during the morning of February 13, 2015 in B Hall, Gumbura allegedly incited other inmates to protest over the type of food they were being served.
With the intention to escape, Chauke, Matambanadzo, Mhungu, Dodzo, Chacha, Sibanda, Vhumbunu, Chizema and three other inmates who are now deceased, influenced inmates to reject the porridge they were served, which had no sugar, it is alleged.
Violence erupted, with prisoners vandalising property, whose value was estimated at $450 000.