SDA Leader Languishes in Zimbabwe Prison on Murder Charge

[Key Guy]

From Radio Voice of the People Online

http://www.radiovop.com/index.php?option=com_content&task=view&id=6111&Itemid=755

Quote:

Harare - A Seventh Day Adventist Leader Nqobile Sibanda facing murder charges has been languishing in remand prison in Harare for the past eight years, awaiting sentence.

His bid to apply for bail since 2001 has repeatedly failed.

On March 23, 2001, Sibanda was arrested on suspicion of murdering his pregnant girlfriend Jean Murawu in a cold blooded murder case.

Sibanda’s trial commenced on March 4, 2002 and was eventually convicted by Justice Blackie on July 16 the same year. The matter was adjourned for extenuation circumstances but however, Justice Blackie retired before sentencing him.

From that day, Sibanda’s lawyers have been fighting for him to be sentenced or have the matter put for re-trial. In 2005 Judge President Justice Paddington Garwe handed down a judgment setting aside the proceedings before Justice Blackie ordered a re-trial. However the trial could not take off on 31 May 2006 as planned as there were no witnesses and the State applied for an indefinite postponement. The matter was again set down for 12 June 2006 but the State made an about turn saying it was no longer proceeding with the trial.

An appeal was later heard by Justice Elizabeth Gwaunza of the Supreme Court.

Sibanda’s lawyers represented by Kudzai Kadzere of Gill, Godlonton and Gerrans on 20 October 2008 lodged an application to the Supreme Court

for permanent stay of prosecution on the basis that the matter had taken too long to finalise.

On April 9 Justice Charles Hungwe dismissed the bail application for Sibanda citing that the nature of the sentence could induce him to flee and abscond.

Sibanda faces the death penalty should the court find no extenuating circumstances.

Sibanda’s case is one of the many legal matters which paint a gloomy picture of the country’s justice delivery system.

In his ruling Justice Hungwe admitted the history of the matter paints a bad picture of the justice delivery system in this country.