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Daniel Nemukuyu Senior Court Reporter
High Court judge Justice Charles Hungwe and the registrar of the same court have filed affidavits with the Constitutional Court explaining the delay that saw murder and robbery convict Jonathan Mutsinze spending 12 years in remand prison well after his conviction.
The filing of the affidavits was done in compliance with the Constitutional Court order directing the two to do so within 30 working days from January 22 this year.
Chief Registrar of the highest court in the country Mr Walter Chikwana yesterday confirmed the development but denied the media access to the filed papers.
“I can confirm that the affidavits were filed on Wednesday in compliance with the court order.
“I cannot disclose the contents of the affidavits. What I can say is that the papers were filed within the 30-day period,” Mr Chikwana said.
The highest court in the land last month gave Justice Charles Hungwe and the registrar 30 days to explain the delay before hearing arguments in the constitutional application by Mutsinze, who is seeking freedom.
Mutsinze (56), who was bishop of Jerusalem Apostolic Church in Marondera before his incarceration on charges of car theft in 1998, has been languishing in remand prison for the past 15 years without knowing his fate following failure by the High Court to sentence him over the past 12 years.
Mutsinze was arrested and convicted of car theft in 1998 and sentenced to six years and eight months, and while serving his sentence he was tried on other charges of murder and armed robbery committed in 1998. Justice Hungwe presided over the trial that began in 2002 before it was concluded in March 2003.
Mutsinze was convicted of murder with actual intent, extenuation was done before the matter was remanded to another day for sentencing.
Justice Hungwe is said to have retained the court record which has not been seen again.
Meanwhile, the accused has been languishing in remand because the matter is considered partially heard since it did not go for sentencing.
To compound Mutsinze’s woes, the tapes pertaining to the case were also erroneously erased before the matter was completed, making the production of a duplicate record virtually impossible.
Last month the court directed the registrar of the Constitutional Court to re-set down Mutsinze’s challenge soon after Justice Hungwe and the High Court registrar have filed their affidavits.
The constitutional matter may be re-set down any time from now.
Online Reporter