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Fungai Lupande : Court Reporter
Former Zimbabwe Women’s Soccer League chairperson Miriam Sibanda and her two accomplices, charged with embezzling $20 000 donation meant to fly the Mighty Warriors to Ghana, on Monday applied for referral of their case to the Constitutional Court. The trio of Sibanda (54), Benny Mamoche (45) and Fungai Magoswongwe (35) are accused of stealing $20 000 meant to buy tickets for the Mighty Warriors team to fly to Ghana.In their application, they cited that the presiding magistrate Mrs Vongai Muchuchuti-Guuriro, ordered continuation of trial and refused to accept a letter from their lawyer Mr Blessing Bhala explaining his absence.
They also said Mrs Guuriro did not explain the rules of the procedure and evidence regarding the defence case.
“We could not submit documentary evidence because our lawyer had our file. When our lawyer arrived around 11 am Sibanda and Mamoche had given evidence and had been cross-examined, reads the application.
“Our lawyer could not continue with the defence case without knowledge of what had transpired.”
The trio seeks the Con Court to determine whether the defence case in the absence of their lawyer was in violation of their right to a fair trial.
The matter continued to the case following an unsuccessful application for review of proceedings at the High Court.
The trio applied for review arguing that Mrs Guuriro erred in dismissing their application for discharge at the close of the State’s case.
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