adminThandeka Moyo Court Reporter
BULAWAYO lawyer Tungamirayi Nyengera’s world crumbled as the State closed its case yesterday with eight witnesses nailing him together with his co-accused Absolom Hlupho for attempting to release a convict from Khami Maximum Prison. Nyengera, who is also an ex-cop, and Hlupho, a principal prison officer at Khami Maximum Prison, not officer- in- charge as previously reported, allegedly connived to illegally release convicted car thief Lungisani Sibanda after asking the convict’s family to pay $1,500 for him to be “ released through other ways”.
Their trial entered the second day yesterday before Matabeleland South provincial Magistrate Reuben Mukavhi.
Testifying, Freedom Potera, the regional clerk of court, said Nyengera never appealed against Sibanda’s sentence.
Nyengera had previously claimed to Sibanda’s family, who is serving a seven-year jail term, that he had filed appeal papers after charging them $500.
“I normally write warrants of liberation when a suspect is acquitted, granted bail or when further remand is refused. When I got a call from the prison officials inquiring about Sibanda’s warrant of liberation I was amazed because according to the records, he was convicted and there was no appeal recorded,” said Potera.
“Suspecting that there may be something amiss, I asked Superintendent Lungile Moyo to send the warrant of liberation quickly to the office. When I looked at the document, I realised it was fake in that it was white in colour, whereas the normal colour is blue. Since it was the regional court that dealt with Sibanda’s case, the document was supposed to have a regional court stamp but to my amazement it had a provincial stamp and that on its own proved that it was fake.”
Supt Moyo said he spotted Sibanda’s sister, Lilian Tapera, roaming around the prison and decided to call her for questioning.
He said the woman narrated how she had met Hlupho and Nyengera on the previous day.
“She was restless and when I asked Hlupho and others to bring her for questioning, she asked to confess in Hlupho’s absence. I was officer in -charge that day and I then sent Hlupho to purchase a recharge card and the woman told me she was waiting to pick up her brother, Sibanda,” said Moyo.
“Hlupho came in and Tapera repeated her ordeal and I could see Hlupho getting worried with every sentence to the extent that he looked down. He, however, did not challenge the woman.”
Detective Chief Inspector Masiyaleli Mwezi said during investigations, he had discovered that Hlupho had called Tapera on December 24.
“I had to ask for a court order to retrieve the call history for Hlupho, Nyengera and Tapera and I established that a total of 21 calls were made amongst the three within that day. According to the call history, Hlupho was the first to call Tapera,” said Insp Mwezi.
He said it was clear that the date stamp used on the document originated from the provincial magistrate clerk of court.
“The stamp is used by a total of nine employees and we have not yet found out who really stamped the document. We are also investigating the originator of the white document as it has been established that it is fake,” said Insp Mwezi.
The defence led by Prayer Muzvuzvu representing Hlupho and Godfrey Nyoni representing Nyengera objected to the State’s ninth witness testifying.
The lawyers argued that if the witness, who is a lawyer, was allowed to testify that would be in breach of client/attorney confidentiality as he was once engaged by Nyengera.
Magistrate Mukavhi ordered the defence to hand in their written submissions on Monday.
“The State will respond on Wednesday and we will be back in court on Thursday.”
Blessing Gundani represented the state.
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