daniel chigunwe
Prosper Dembedza
Herald Correspondent
Apostolic sect leader Madzibaba Ishmael’s case stalled today after he filed an application seeking the referral of his matter to the Constitutional Court.
Madzibaba Ishmael, who is facing multiple charges, argued that the court’s refusal to allow his witnesses to testify before he takes the stand violates his constitutional rights.
Ishmael asserted that it is his right to have his witnesses speak on his behalf while he reserves the option to remain silent.
However, the State led by prosecutors Mr Tafara Chirambira and Ms Sheila Mupindu, opposed Ishmael’s application.
The prosecution argued that the application was frivolous and its intension was to delay proceedings.
They maintained that under the law, an accused person must either testify first or choose to remain silent before calling any witnesses.
The State said if Ishmael wished to exercise his right to remain silent, he should do so rather than making it depend on what his witnesses might say.
Madzibaba Ishmael, whose full name is Chokurongerwa, is facing three charges – ill-treatment of children, conducting a burial without a burial order, and failing to report the birth and death of a person.
These charges have drawn significant public interest, given his status as a well-known religious figure.
Norton Magistrate Ms Christina Nyandoro is expected to deliver a ruling on Ishmael’s application for referral to the Constitutional Court on March 7, 2024.
If the application is granted, the matter will be escalated to the highest court to determine whether his constitutional rights have indeed been infringed upon.
If denied, the trial will proceed under the existing court procedures.
Online Reporter