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Yeukai Karengezeka Court Correspondent
The application by the State to summon High Court judge Justice Sylvia Chirau-Mugomba to testify in the ongoing case of Ivy Kombo and her husband Admire Kasi was rejected yesterday by Harare regional magistrate Mrs Feresi Chakanyuka.
Justice Chirau-Mugomba, the chairperson of Council for Legal Education, is alleged by defence lawyers in their cross examination of State witnesses to have written a letter authorising the couple to be exempted from writing the conversion examinations they would normally, as British law graduates, have been required to write before practising law in Zimbabwe.
The State wanted to add her late to the witness list to find out if she did write the letter.
The couple is accused of fraudulently acquiring conversion certificates without writing the eight conversion exams to practise law in Zimbabwe.
They are being jointly charged with the suspended chief executive of the Council for Legal Education, Hardwork Huggins Duri.
The State has so far summoned several witnesses to testify in the matter, but Justice Chirau-Mugomba was not one of witnesses whose statements were recorded before the trial commenced.
In her ruling, magistrate Chakanyuka said the application by the State was not acceptable.
“According to Section 232 of the Criminal Procedure and Evidence Act, it is the court that has the mandate to call the witness it so specifies at any time.
“The statute should be given its ordinary meaning, consistent with the provision when read in whole.
“As such, words must be taken in their context and it is the duty of this court to interpret statute in this instance.”
Prosecutors Mr Tafara Chirambira and Mr Anesu Chirenje sought that the trial be adjourned to May 23.
Bongani Ndlovu
Online Reporter