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Fidelis Munyoro Chief Court Reporter
JAILED RMG End Time Message church leader Robert Martin Gumbura has approached the High Court seeking permission to appeal against the same court’s decision to deny him bail.
He is serving 40 years after he was convicted on four counts of rape by a Harare magistrate early this year.
Gumbura yesterday filed an urgent application seeking leave to appeal against the court’s refusal of bail in a case he is appealing against both conviction and sentence.
Through his lawyers Nyikadzino, Simango and Associates, Gumbura argued that he has good prospects of success in the appeal pending at the High Court.
Gumbura claimed the court misdirected itself in refusing his application for bail pending appeal.
“There are good prospects therefore that the court of appeal, the Supreme Court, will come to a different conclusion on the same application,” said the lawyers.
They further argued that the court misconstrued its role in an application for bail pending appeal.
The court, argued the lawyers, had to decide whether there were prospects of success on appeal.
They also argued that the basis of the conviction should be closely scrutinised in order to determine whether Gumbura does not have an arguable case on appeal.
“Where the conviction is based on grounds which are patently wrong and unsustainable, it cannot be proper to refuse an application for bail pending appeal,” said the lawyers.
Justice Musakwa threw out Gumbura’s appeal for bail pending appeal saying his chances of acquittal were razor-thin and that he should serve his sentence.
The court found that the case was a proper matter to be referred from the magistrate to the High Court for sentencing.
Gumbura faced nine counts of raping six women and one of possessing pornographic material.
He was cleared of four counts relating to three other women for lack of evidence.
Online Reporter