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Tendai Rupapa Senior Court Reporter
Zanu-PF Harare provincial youth chairman Godwin Gomwe and six other party members accused of extorting over $46 000 from eight housing co-operatives in Glen Norah using the First Lady Amai Grace Mugabe’s name, were yesterday denied bail.
Harare provincial magistrate Mr Vakayi Chikwekwe denied the gang bail after he was convinced that the prosecution had a strong case against them.
Before the court announced its decision, the prosecutor Mr Michael Reza sought to show the court the poison which Gomwe allegedly wanted to gulp and the pistol with which he sought to commit suicide.
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But Mr Chikwekwe said it was unprocedural to do so, though Mr Reza had already brought the exhibits.
Mr Chikwekwe remanded the gang to June 17, resulting in some of their relatives and friends weeping uncontrollably outside the courtroom.
Police had a torrid time clearing the wailing relatives from the court’s corridors.
Gomwe (34) is jointly charged with Muchineripi Mupindu, alias Ginya (36), Fidelis Ndaradza, alias Brigadier (32), Haruwandi Munyawiri, alias Baya (46), Hamphrey Madenyika (29), Josephine Hadziindi (59) and Norah Toronga (38).
They are facing three counts of extortion.
In dismissing their bail application, Mr Chikwekwe said the State had given assertions which should not be taken lightly.
“I don’t believe that the allegations against the accused persons are baseless and fabricated as they wanted us to believe,” he said.
He said even if the accused were to be granted bail coupled with some conditions, they were likely to defy his orders.
“A person who can defy a High Court order, made by a whole judge is also capable of defying a magistrate’s order, hence the accused persons taking into consideration how they defied Justice Bere’s order, are not proper candidates for bail,” he said.
Justice Bere last year made a ruling that Gomwe and his accomplices should not interfere with operations of the housing cooperatives.
Mr Chikwekwe added, “I have no doubt that accused 1 (Gomwe) tried to meet the investigating officer on one basis. There is a probability that he was up to some mischief.”
He said he was fully convinced that the gang was likely to abscond and not stand trial considering the maximum prison term provided at law.
Mr Chikwekwe said the suspects were capable of committing further offences if granted bail since they had several cases against them before the police.
According to the State, Gomwe attempted to shoot himself when he heard that police were after him in connection with the case.
After he was disarmed by an army officer who swept to his rescue, Gomwe later reportedly attempted to end his life by taking rat poison.
In opposing bail, Mr Reza, with the assistance of Miss Sharon Mashavira, said if convicted, the gang faced up to 15 years each in prison, a sentence which could induce them to abscond.
He said by issuing receipts to the cooperatives inscribed “Amai Dr Grace Mugabe housing consortium”, the gang wanted the complainants to think they were collecting the money on behalf of the First Lady, thereby bringing the First Lady’s name into disrepute.
Gomwe, through his lawyer, Mr John Ndomene, argued that he was a proper candidate for bail.
He denied being arrested after a trap was set, saying that he in fact handed himself over to the police.
Gomwe also refuted allegations that he attempted to commit suicide.
Mr Ndomene said the State had failed to prove that it was Gomwe and his alleged accomplices who created the receipts inscribed “Amai Dr Grace Mugabe housing consortium”.
The other accused persons, through their lawyer, Mr Rungano Mahuni, argued that the allegations against them were a political smear campaign.
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