admin
Fidelis Munyoro Chief Court Reporter
The High Court has rejected a request by serial robber, Bernard Rusere, to appeal against a sentence of 22 years imposed on him after he approached the court nine years out of the prescribed period of noting an appeal.
Rusere and his co-accomplice, Lucious Chivhunga, were convicted of robbery and attempted murder at the Harare Magistrates Court in May 2013.
They robbed a man of an explorer cane spirit and $11 cash before throwing him into a rubbish bin that had been burning garbage so that he could die.
They were slapped with 22 years in prison each for both counts.
Rusere sought to appeal against the sentence.
He approached the High Court in March last year, nine years out of time, seeking condonation of his failure to comply with the court rules.
But Justice Webster Chinamora threw out Rusere’s application for lack of merit.
He was of the view that the sentences imposed by the trial magistrate did not induce a sense of shock, and were not likely to be interfered with an appeal.
“My view is that the magistrate did not misdirect herself. Consequently, I am not persuaded that the appeal that the applicant intends to lodge had any prospects of success,” said Justice Chinamora dismissing the application.
Prosecutor Mr Austin Muzivi implored the court to dismiss Rusere’s application and urged the judge to take into account the prospects of success when considering the reasonableness of the delay.
He argued that the trial court did not misdirect itself on sentence because the court took into account and properly weighed the mitigating factors against the aggravating features of the crime, and concluded that a custodial sentence was appropriate.
In October 2013, the High Court confirmed the trial court’s proceedings to be in accordance with real and substantial justice.
Online Reporter