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Yeukai Karengezeka-Court Correspondent
THE trial of gospel musician Ivy Kombo and her husband Admire Kasi, who are accused of fraudulently acquiring certificates of conversion to practice Law in Zimbabwe, continued yesterday with the State applying for the chairperson of the Council for Legal Education, Justice Sylvia Chirau-Mugomba, to be called to testify.
The State made the application after the defence, during cross-examination of some State witnesses, referred to a letter allegedly written by Justice Chirau-Mugomba authorising the couple to be exempted from writing the conversion examinations in all the eight subjects.
People who study and graduate in law outside Zimbabwe need to write some or all of the conversion examinations to convert their general legal training to specific law in the country.
Justice Chirau-Mugomba was not on the list of State witnesses whose statements were recorded before the trial opened.
But in the application to presiding magistrate Mrs Feresi Chakanyuka, prosecutor Mr Anesu Chirenje said the continued reference by defence counsel, during cross examination of State witnesses, to the exemptions letters allegedly written by Justice Chirau-Mugomba had triggered the request to allow her to be called in to testify.
He said according to Section 232 of the Criminal Procedure and Evidence Act, the court had the power to call any witness it deemed necessary for it to arrive at a just conclusion of a case being tried before it.
Mr Chirenje said Justice Chirau-Mugomba’s testimony would clarify a lot of issues surrounding the case, hence the defence counsel was not supposed to oppose such an application.
“The testimony of the judge will provide justice to the case. If indeed she confirms exemption, the State’s allegations tumble immediately. There is no fault impugnable on the accused persons if that occurs.”
But while the judge could clear Kombo and Kasi, their lawyers, Mr Admire Rubaya and Mr Everson Chatambudza, are challenging the summoning of Justice Chirau-Mugomba, arguing that it is unfair and tantamount to persecution.
They also contend that the law does not allow an investigation and prosecution of the same case to run concurrently.
Kombo and Kasi are being jointly charged with the suspended executive secretary of the Council for Legal Education, Huggins Hardwork Duri.
Mrs Chakanyuka is expected to hand down her ruling today on whether Justice Chirau-Mugomba can be called to testify.
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