Chronicle Editor
Senior Court Reporter
Eight of the suspects accused of masterminding a foiled jail break at Chikurubi Maximum Security Prison, excluding their accomplice RMG Independent End Time Message leader Robert Martin Gumbura, yesterday notified the court of their intentions to file their written application on May 13 for their case to be referred to the Constitutional Court.
Lucky Matambanadzo (39), Blessing Chauke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Thulani Chizema (32), Jacob Sibanda (28) and Elijah Vhumbunu (38) are being represented by Mr David Hofisi from the Zimbabwe Lawyers for Human Rights.
The gang, including Gumbura who was not part of the other eight’s application, yesterday appeared in court before the magistrate Mr Tendai Mahwe for their routine remand.
The nine, who are serving various sentences ranging from 12 to 40 years, are being charged with attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively conspiracy in aggravating circumstances for allegedly maliciously damaging property.
They are facing an additional charge of incitement to assault or alternatively conspiracy to assault.
The gang raised constitutional issues which they said could only be dealt with at the Constitutional Court.
The prosecutor Mr Michael Reza is expected to respond to the application on May 29 and Mr Mahwe will hand down his ruling on June 5.
Mr Reza unsuccessfully made an application to have the gang remanded to June 5, arguing that with the charges they were facing, they were likely to attempt something ‘daring’ if they were to come to court after every two weeks for routine remand.
But Mr Mahwe ruled that even though they were serving prisoners, the accused were entitled at law to being remanded every two weeks.
According to the State, on February 13 in the morning in B Hall at Chikurubi, Gumbura allegedly incited other inmates to protest over alleged infringement of their rights by the type of food they were being given.
It is alleged this was meant to create chaos so that he and his accomplices could escape during the commotion.
Gumbura allegedly told the inmates that Zimbabweans were foolish and that if it were in South Africa, inmates would have protested and broken all prison windowpanes.
He told the inmates to protest for better quality food by singing throughout the night and subsequently, all inmates in B, C and D halls spent the whole of that night singing and banging cell bars denouncing the type of food they were being served.
Harbouring the intention to escape, Chiduke, Matambanadzo, Mhungu, Dodzo, Chacha and Chizema allegedly gathered and addressed inmates in C Hall and influenced them to refuse food on that day to protest its poor quality.
It is alleged that at the same time Sibanda, Vhumbunu and the other three inmates who are now deceased, were addressing inmates in D Hall to do the same.
At around 9am, the inmates refused to eat porridge, without sugar, and demanded to see the officer-in-charge, Chief Superintendent Marange who sent his deputy, Superintendent Dumbura, to address them.
At that time, the inmates pushed out the food containers which had been brought for lunch and refused to be addressed by Supt Dumbura.
Supt Dumbura left C Hall and went to D Hall where he ordered food to be brought in for those who wanted to eat.
Before the food was served, Titus Mandikodza, who is now late, went on top of the roof through a hole in the asbestos sheets which they had already drilled, the court heard.
At that moment, it is alleged, Vhumbunu and Sibanda took sadza and dried vegetables and threw it at Supt Dumbura.
That was when violence erupted, with prisoners vandalising property whose value is estimated at $450 000.
It is the State’s case that the inmates attacked prison officers, seriously injuring three.
During the melee, they tried to escape, but their bid was foiled by the police’s Support Unit that was called for reinforcements and fired shots at them. Gumbura is represented by Mr Tapson Dzvetero.
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