High Court Judge dismisses appeal

Dismissing the appeal by Jeffrey Mapaire, Bulawayo High Court judges Justices Nicholas Ndou and Lawrence Kamocha sitting as an appeal court noted that his lawyer, Mr Josiniah Maupa, of Mkushi, Foroma and Maupa had not attended court.
The lawyer’s name was called thrice and after getting no response, the court dismissed the appeal for want of prosecution meaning Mapaire will have to serve the sentence imposed by the trial court.
Mapaire had pleaded guilty to theft and was sentenced to nine years in prison of which six months were  conditionally suspended for five years by a Kwekwe magistrate.
On 1 July 2009, Mapaire through Mr Maupa noted an appeal against the sentence, arguing that the sentence imposed was so severe as to induce a sense of shock.
He added that the court had misdirected itself in                            placing too much weight or emphasis on the aggravating features and failed to give sufficient weight to the fact that his client showed contrition by pleading guilty to the offence and went on to ask for forgiveness.
Mr Lewis Maunze, of the Attorney General’s Office had conceded that the trial court had misdirected itself by failing to consider community service, the option of a fine or a lesser term of imprisonment.
Sometime in November 2008, on a date unknown to the prosecution, Mapaire visited Mr Last Chakona in Redcliff.
Mr Chakona then gave him some items that included clothing, a cellphone, cooking oil and SIM card for him to sell on his behalf at Munyati gold panning area, which Mapaire used to frequent.
Mapaire sold the property and instead of surrendering the proceeds, he converted the money to his own use.