admin
Daniel Nemukuyu Senior Court Reporter
JAILED former Air Zimbabwe Holdings chief executive Peter Chikumba, yesterday filed a fresh bail application at the High Court pending determination of his appeal against both conviction and sentence. Chikumba, who lost his first bail bid in July, now argues that there are changed circumstances warranting his release.
He was convicted and jailed seven years effective for criminal abuse of duty under Section 174 (1)(a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23).
Through his lawyers Advocate Thabani Mpofu and Mr Admire Rubaya of Rubaya and Chatambudza law firm, Chikumba argued that the fact that he filed an amended notice of appeal, was a changed circumstance warranting the granting of bail.
In the amended grounds of appeal, Chikumba argued that he was erroneously convicted by the trial magistrate of criminal abuse of duty when he was not a public officer.
Lawyers argued that criminal abuse of duty as a public officer is only applicable to public officers and that Air Zimbabwe Holdings, which employed Chikumba had no public characters.
To that end, Chikumba believes that his prospects of success on appeal were high and that he should be freed on bail.
“There is a very strong chance that applicant has been incarcerated on an invalid charge.
“There can be no reparation for the time that he has spent in custody. That evil can only be ameliorated by his immediate release.
“Even assuming the confirmation of the conviction, a strong possibility exists that this court will interfere with the sentence imposed,” read the papers.
Chikumba argued that Section 174 of the Criminal Law Codification and Reform Act, excluded Air Zimbabwe Holdings (Private) Limited workers.
It was argued that Chikumba was an official of a private limited company formed in terms of the Companies Act and that his conviction under Section 174 was a nullity.
The matter is yet to be set down for hearing at the High Court.
Online Reporter