admin
Chief Court Reporter
FORMER prosecutor Auxilia Mungwaira can now appeal in the Supreme Court against her conviction and the one-year jail term imposed on her for soliciting a US$1 000 bribe following the High Court decision to acquit her accomplice on appeal.
Mungwaira, who feels her chances of success on appeal are high, was given the green light to take her case to the Supreme Court by Justice Tawanda Chitapi of the High Court when she applied for leave to appeal from the judgment of the High Court, when it dismissed her appeal from the conviction and sentence imposed by the Magistrates Court.
In granting the leave to appeal to the final court of appeal, Justice Chitapi agreed with Mungwaira’s contention that she had high prospects of success on appeal.
“The court noted that there was evidence that the applicant had been to the accomplice’s office before the complainant handed money to the accomplice who was acquitted,” said Justice Chitapi.
“I did not find anywhere in the judgment wherein the court dealt with why the applicant’s denial should have been dismissed as false let alone beyond a reasonable doubt. It is my view that the effect of such failure may well bring about a different result in the Supreme Court on appeal.”
Mungwaira is appealing against the whole judgment of the High Court dismissing her appeal.
She was convicted of accepting a bribe in 2012, but is still to serve her jail term after she appealed against both conviction and sentence.
Mungwaira is seeking to appeal on the strength of the acquittal of her accomplice by the High Court.
She was based at Harare Magistrates Court where Shinewell Mutendereki was appearing on charges of theft of trust property.
The trial court heard that Mutendereki’s sister approached Mungwaira asking whether or not her brother could be released if the prosecutor was paid.
Mungwaira then asked the sister to give her US$1 000 to facilitate Mutendereki’s release.
The sister reported the matter to the police, who set up a trap leading to Mungwaira’s arrest along with her accomplice on January 24, 2012.
The two were consequently sentenced to 24 months in prison each, of which 12 months were suspended on condition of good behaviour.
They appealed against both conviction and sentence at the High Court.
The court allowed the accomplice’s appeal, but threw out Mungwaira’s.
This compelled her to seek leave to appeal against the court’s decision at the Supreme Court, arguing that the High Court erred in maintaining her conviction when her accomplice was given benefit of doubt and acquitted in circumstances that justified equal treatment.
Online Reporter