adminThandeka Moyo Court Reporter
THE trial of Tungamirai Nyengera, a city lawyer and his co-accused Absolom Hlupho spilled to day four yesterday with the former’s initial lawyer renouncing agency.
The two who allegedly connived and attempted to illegally release a convicted car thief at Khami Maximum Prison were supposed to open their defence case on Thursday.
So far eight State witnesses have testified nailing the two, although their lawyers applied for discharge at the close of the State Case.
Matabeleland South Provincial Magistrate, Reuben Mukavhi who is presiding over the matter, rejected the application for discharge.
Nyengera’s lawyer, Godfrey Nyoni, told the court that he would not continue representing Nyengera unless and until the court gives him full reasons as to why their application for discharge was rejected.
“It will be in the interests of justice and fair trial to be given full reasons as to why our application was rejected before we open the defence case. If we’re not given the reasons, my client’s constitutional right to a fair trial will be infringed on,” said Nyoni.
He also requested to be granted leave to approach the High Court and ask for the reasons.
“We apply for postponement so we approach the High Court. My client’s right to privacy was also tampered with on the call history retrieval and he’s not happy with your ruling on the application for discharge.”
Hlupho’s lawyer, Prayer Muzvuzvu, however, said he was ready for trial though he would support Nyoni for unity’s sake.
Magistrate Mukavhi maintained that the defence case be opened as agreed before Nyoni excused himself.
He excused Nyoni and asked Nyengera to look for another legal representative for the trial to continue.
Magistrate Mukavhi postponed the matter to February 10 when the defence will open its case and Nyengera will be represented by a new lawyer, Russel Dzete of Ndove, Museta Legal Practitioners.
Nyengera, an ex-cop and Hlupho who was a principal prison officer at Khami Maximum Prison allegedly connived to illegally release a convicted car thief after asking the convict’s family to pay $1,500 for bail pending appeal.
Online Reporter