Zvikomborero Parafini 

The State yesterday suffered a setback in Ivy Kombo’s fraud trial after the presiding magistrate dismissed its application seeking the court to summon Justice Sylvia Chirawu-Mugomba to testify.

Magistrate Feresi Chakanyuka castigated the State for attempting to armtwist her into calling the judge to come and testify as a witness.

In the application, the State argued that Kombo and her husband, Admire Kasi, have referred to a letter which they say was authored by Justice Chirawu-Mugomba to exempt them from writing eight conversion examinations. 

The State argues that all its witnesses, so far, have no knowledge of the letter and it will be in the interest of justice for the court to call the Judge to testify  as her evidence is essential to the decision of the case.

Kasi and Kombo are facing allegations of acquiring conversion certificates to practice law in Zimbabwe without writing the conversion examinations.

This State claims this was done through the facilitation of their accomplice Huggins Duri.

Duri was the executive secretary for the Council For Legal Education. 

The couple, through their lawyers Admire Rubaya and Everson Chatambudza, in opposing the application, argued that this was meant to try and rescue a collapsing case.

“The State initially applied for the production of a document it claimed was an email allegedly sent from the 3rd accused person. 

“The alleged e-mail document had not been served on the accused persons prior to the commencement of trial but, notwithstanding clear provisions of the law and the constitutional command, the State’s application was gratuitously granted to the grave prejudice of the accused persons,” the lawyers said.

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