Jailed sex pest Robert Martin Gumbura together with his accomplices who had their application for discharge at the close of the State’s case is seeking to overturn the Magistrate’s ruling as they intend to apply for review of the ruling before the Higher court.
Gumbura, Blessing Chauke (25), Lucky Mhungu (38), Taurai Dodzo (47), Thomas Chacha (37), Elijah Vhumbunu (38) and the notorious Lucky Matambanadzo (39) through their lawyer Lovemore Madhuku said they intend to approach the High court and were seeking a week long postponement.
Prosecutor Michael Reza opposed the application and Harare Magistrate Francis Mapfumo dismissed the application.
The matter was postponed to Monday for trial continuation.
During the State’s case, the court heard that Gumbura is a very influential and all powerful member in prison who at times supply inmates with cigarettes, a move that is designed to steer them into demonstrating against prison officials under the guise of a protest while an actual prison break was underway.
Lucky Matambanadzo is an infamous robber who terrorised the country in a spate of movie style robberies.
Regional magistrate Elisha Mapfumo ruled that it was common cause that there was a violent demonstration which saw prison guards injured, prisoners, who are trained in using firearms among others attempting to break the office where armory is kept to fight with officials leading to the loss of life.
The gang is facing charges of attempting to escape from lawful custody, incitement in aggravating circumstances or alternatively conspiracy in aggravating circumstances for malicious damage to property and two men have been let off the hook after being found not guilty.
Allegations are that on February 13, 2015 at around 9am, the inmates refused to eat porridge which had no sugar. They demanded to see the officer-in-charge, a Chief Superintendent Marange, who then sent his deputy, a Superintendent Gumbura, to address them.
At that time, the inmates pushed out of the food containers which had been brought for lunch, refusing to be addressed by Gumbura.
Gumbura left the complex’s C Hall and went to D Hall, where he ordered food to be brought in and served to those who wanted to eat.
The court heard that before the food was served, Titus Mandikodza, who is now late, went on top of the roof through a hole in the asbestos sheets, which they had already drilled.
At that moment, it is alleged, Vhumbunu and Sibanda took sadza and vegetable relish and threw it at Dumbura and that is when violence erupted with prisoners vandalising property worth over $450 000.