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Fungai Lupande Court Reporter
A senior prosecutor yesterday struggled to interpret a Constitutional Court order staying criminal proceedings against a Russian man pending the hearing of his application before the apex court. The Russian, Steven Paul Sugden (41), through his lawyer Mr Admire Rubaya, produced the order before Harare magistrate Mrs Vongai Muchuchuti-Guwuriro.
The prosecutor Mr Oscar Madhume told the court that although he appreciated that an application for direct access at the Constitutional Court was done, he was struggling to interpret the order.
“The issue is on the interpretation of the order,” he said.
“We are of the view that the order did not stay the criminal proceedings. The accused’s application is not yet heard and they are still dealing with their application for direct access. The order is not clear.”
Mr Rubaya submitted that the Constitutional Court order was “as clear as day”.
Mrs Guwuriro granted the stay of proceedings, saying the order was clear.
She then cancelled Sugden’s warrant of arrest after learning that he failed to attend court because he had collapsed after his last court appearance.
“The accused has a chronic heart condition and he collapsed after his last court hearing,” said Mr Rubaya. “The court was informed and he has his doctor’s report.”
Sugden is accused of using fake documents to apply for Zimbabwean passports in Bindura and his trial has been on a roller-coaster for three years.
On Monday, Mr Rubaya walked out during proceedings after the presiding magistrate Mr Tendai Mahwe refused to postpone the matter.
The court heard that Judge President George Chiweshe issued an order on October 31, 2016 giving the State two months to re-open its case and present more evidence.
Mr Rubaya submitted that two months had since elapsed since Justice Chiweshe issued the order, hence the court could not go against that order and proceed to trial.
In his ruling, Mr Mahwe said the delay was caused by defence counsel’s unavailability. Mr Rubaya applied to have the matter stood down to allow Sugden’s lawyer of choice Advocate Thabani Mpofu to appear.
Mr Mahwe dismissed the application, saying the trial has been going on for three years. Mr Rubaya recused himself and Mr Mahwe advised him to walk away if he wanted, but the trial would still continue.
Sugden then made an application for postponement which was also dismissed. After a brief adjournment, Sugden came back with another lawyer, Mr Rungano Mahuni, who also made another application for postponement which was denied.
Mr Mahwe told Sugden that lawyers are not consulted in court corridors, prompting Mr Mahuni to give notice for an application of review of proceedings at the High Court.
Online Reporter