admin
Matapo and five others are seeking an order referring their case to the Supreme Court wants to visit the remand prison they are being kept in to assess conditions there.
The inspection of Chikurubi Maximum Security Prison will be on April 6.
Matapo, Ruperts Chimanga, Phillip Chivhurunge, Lucky Mhungu, Bigknows Wairesi and Sairezi Shonhiwa are also facing charges of attempting to break out of Chikurubi.
Matapo and Mhungu, through lawyers Mr Charles Warara and Mr Gift Nyandoro, made an application for referral of the matter to the Supreme Court arguing that their rights were being infringed upon.
The suspects claim they are living in cells that were once condemned and that they are being ill-treated at Chikurubi.
After prosecutor Mr Michael Reza opposed the application arguing that Matapo was actually “living large”, the defence applied for the inspection.
Mr Reza opposed this and called it a “delaying tactic”.
Regional Magistrate Mr Morgen Nemadire ruled: “In the interest of justice, there is need for an inspection in loco at FB1 and especially in accused one (Matapo) and five (Mhungu) cells for the court to appraise itself with the conditions of stay in their cells before the ruling on the referral is made.”
The State alleges that sometime in March last year the six connived with Asani Chikwanda (serving) to escape from prison. They were allegedly supplied with tools by prison officer Donald Gwekwerere, who is currently on bail pending appeal.
On April 4, it is alleged, Chimanga, Mhungu, Wairesi, Chivhurunge, Shonhiwa and Matapo used a hacksaw to cut burglar bars securing the observation window to their cell.
It is alleged they smashed the window and got out but a prison officer caught them as they tried to make good their escape. – CR.
Online Reporter