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Tendai Rupapa Senior Court Reporter
Jailed RMG Independent End Time Message church leader Robert Martin Gumbura is likely to escape if granted bail pending his appeal against conviction and sentence, the prosecution has said.
Gumbura was jailed for an effective 40 years after he was found guilty on four counts of rape and one of possessing pornographic material
In his response to Gumbura’s application for bail, Harare area public prosecutor Mr Jonathan Murombedzi said the fact that Gumbura is yet to stand trial on another offence is sufficient inducement for him to abscond.
“In view of the lengthy custodial sentence that was imposed coupled with the fact that he is yet to stand another trial, will cause him to abscond once he is released.
“He has churches outside the country, in South Africa and United Kingdom hence it is easy for him to escape and settle there since he has the means,” he said.
Mr Murombedzi said that no appeal court was likely to tamper with Gumbura’s sentence since it was rather on the lenient side.
“The sentence that was passed by the honourable court was rather lenient because in its judgment for sentence, the court bemoaned lack of harmony between the court’s penal jurisdiction in rape cases, which is 20 years in prison.
“Granting the accused bail will endanger the interests of justice. This is so because the consideration of bail is in essence a balancing of two conflicting interests, namely the liberty of the applicant and the proper administration of justice.
‘‘Where an accused person has been convicted and sentenced, he is not entitled to his liberty,” Mr Murombedzi said in his written submissions.
He added that in the interest of justice, Gumbura’s application must be dismissed for lack of merit.
In his application for bail Gumbura, through his lawyer Ms Rekai Maposa, argued that he was not a flight risk considering that he did not abscond court proceedings before his conviction.
Ms Maposa said that his client co-operated with the investigating officer during investigations.
“The fact that he has been convicted and sentenced does not mean or imply that he will abscond. The court can minimise the chances of abscondment by imposing restrictive conditions,” she said.
She added: “Applicant concedes that the offence he was convicted of and sentenced is serious but it is argued that seriousness of an offence is not enough reason to deny him bail. In light of all these observations, the appeal court will quash the conviction and set it aside and replace the verdict that the accused is found not guilty and acquitted.”
Regional magistrate Mr Hoseah Mujaya is expected to pass his ruling today.
Gumbura — who has 11 wives and 30 children — was facing nine counts of raping six women and one of possessing pornographic material.
Mr Mujaya cleared him of four counts relating to three other women for lack of evidence. Mr Mujaya noted that Gumbura’s defence was tailor-made to suit him.
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