Mangwiro, Masomere back

Mangwiro and Masomere had been in limbo since being banned for 10 years and two years respectively in November last year.

The duo however, became the first appellants against both Asiagate conviction and sentence when they appeared before a committee chaired by Harare lawyer Silas Chekera and which includes another legal practitioner Thabani Mpofu and veteran football administrator Chris Mbanga last Thursday.

In a ruling released last night, the Appeals committee slashed Mangwiro’s 10-year ban to a one year sentence that was suspended for five years on condition that the former Monomotapa gaffer is not convicted of a similar offence during that period.

Masomere had his two year ban from the game commuted to a US$1 500 fine.
The rulings mean that Mangwiro can immediately resume his duties at CAPS United while Masomere can also return to coaching once he deposits the fine at Zifa and sorts out his contract with Shabanie.

“The Special Appeals Committee sat on the 11thof April 2013, to hear appeals by Luke Masomere and Taurai Mangwiro.
“At the appeals hearing, both appellants appeared in person and were not legally represented. Hitherto, both appellants had however been legally represented. Both had filed their notices of appeal and grounds of appeal through their respective legal representatives.

Taurai Mangwiro had also filed further supplementary grounds of appeal as a self-actor. They also made further oral submissions with respect to their respective convictions and sentences. Counsel for the respondent, Zifa (Ralph Maganga) also made submissions, both oral and written, in response to the appellants’ submissions,’’ read part of the ruling.

The committee also indicated that they had made an “an elaborate review of the findings of the Ibrahim Commission, the transcripts of the proceedings before the commission and other related material’’ and come up with their ruling after “carefully considering the submissions of the parties’’.

In Mangwiro’s case decided against interfering with Justice Ebrahim’s finding that the coach was guilty.
It was however, the severity of the punishment where Chekera’s committee differed with the Ebrahim committee with the Special appeals trio agreeing that 10 years was too harsh a penalty.

“From the appellant’s submissions, the committee finds no basis or reason to interfere with the Ibrahim Commission’s findings of guilt. There is sufficient evidence to sustain the conviction. By the appellant’s own admissions before both the Ibrahim Commission and the Special Appeals Committee, on the trip to Malaysia, the appellant held himself out as the Zimbabwean assistant national coach when in fact he was only the coach for Monomotapa Football Club. “Whatever his motivations, by so doing, the appellant perpetuated a lie, which was part of a wider matching fixing scam. That, of itself, suffices to sustain the conviction against the appellant.

“With respect to sentence, considering all the circumstances of the case, the committee finds the penalty against the appellant — a 10-year ban from all football related activities — to be disproportionate to the degree of his culpability and his moral blameworthiness. Accordingly, the committee recommends a lesser penalty of a year’s suspension from all football related activities.

“The committee however recommends that the sentence be wholly suspended for 5 years on condition that, within that period, the appellant does not commit any offence that involves an element of dishonesty,’’ the Chekera committee said.

The appeals committee also gave their reasons for commuting Masomere’s ban into a fine after upholding the guilty verdict that had been reached by the Ebrahim commission.

“With respect to conviction, from the appellant’s submissions the committee also finds that it has no legitimate basis to interfere with the Ibrahim Commission’s findings of guilt. The appellant owned up, before both the Ibrahim Commission and the Special Appeals Committee, to his role in the match fixing scandal on the national team’s trip to Vietnam. Again, whatever his motivations, that of itself would suffice to sustain the conviction against the appellant, Luke Masomere. With respect to the appellant’s sentence, the committee however recommends that the 2-year ban against the appellant be commuted to a fine of One Thousand Five Hundred dollars (USD1500), taking into account the period that the appellant has already been on suspension.

“This penalty, the committee believes, meets the justice of the case when all factors are considered. The penalty strikes a balance between the appellant’s degree of culpability and all the mitigating factors. It also takes into account the sentencing practice that was widely adopted by Zifa where most of the penalties against persons who were convicted for “Asiagate” offences were commuted to fines.

“We therefore find as above and recommend accordingly.’’
As news of the rulings spread last night, there was an immediate sense of relief of and elation among the Shabanie Mine executive and supporters.
It also emerged frantic efforts are now being made to help Masomere raise the US$1 500 fine to enable the coach to resume work ahead Shabanie’s massive derby clash against leaders FC Platinum at Maglas.