adminThandeka Moyo Court Reporter
A Bulawayo lawyer who was recently arrested for forging a document to release a car theft convict will continue languishing in remand prison after a Bulawayo High Court judge dismissed his appeal against refusal to grant bail pending trial application.
Tungamirai Nyengera, 36, of Shenje and Company Legal Practitioners, was remanded in custody together with his co-accused Absalom Hlupho, a prison officer-in-charge at Khami Maximum Prison. The two are accused of forging a warrant of liberation for the convict.
Justice Martin Makonese dismissed the appeal saying the pair was facing serious charges and that they should be in custody for the duration of their trial.
Provincial magistrate Sibongile Msipa-Marondedze who presided over the matter when it first appeared before the courts last week, had earlier on dismissed the pair’s bail application.
She said their arrest could lead to the arrest of other people who might have committed similar crimes.
Magistrate Msipa-Marondedze also ordered five witnesses to attend the trial of the two men which has been set for January 21.
The five witnesses include Byron Sengweni, Richard Bhebhe, Lillian Tapera, Nobert Ushe and Joyce Sibanda.
The two pleaded not guilty to fraud and obstruction of justice charges.
The state led by Timothy Makoni alleges that Nyengera and Hlupo devised a plan to set free a convict Lungisani Sibanda from Khami Prison on Tuesday last week.
“The accused persons acting in common purpose, hatched a plan to have a serving convict, Lungisani Sibanda, released from Khami Maximum Prison using a fraudulent warrant of liberation,” said Makoni.
He said Nyengera gave a completed warrant of liberation to Hlupo which was handed to Superintendent Joe Matyavira who was processing the papers.
Matyavira discovered that the warrant was a fake document and reported the matter to officials leading to the pair’s arrest, said Makoni.
Nyengera was represented by Mlamuli Ncube of Cheda and Partners while Hlupo was represented by Nozipho Dube of Moyo and Nyoni Legal practitioners.
Ncube said Nyengera was a perfect candidate for bail as he was a prominent lawyer.
“Ever since his arrest, he has been cooperating with police officers answering all their questions. He has no previous conviction. He is a prominent lawyer in this country. He has nowhere to hide. He knows that the long arm of law will catch up with him,” said Ncube.
He said the homicide detectives had completed their investigations and granting him bail was not going to affect the trial.
Dube, who was representing Hlupo, said the prison officer was a good candidate for bail as he has no previous criminal record.
She said Hlupo was at risk of being harmed by inmates whom he had been guarding at Khami Prison.
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