MARTIN MAWAYA
MASVINGO–The High Court of Zimbabwe sitting at Masvingo on Tuesday (today) granted bail pending appeal to Gweru businessman and former councillor Charles Simbi and his wife, Zodwa Simbi.
Justice Sunsley Zisengwe ordered the couple to deposit US$100 or its equivalent in ZiG as bail.
He also directed that they continue residing at their given residential address until the appeal is finalized.
The pair were represented by Gweru prominent lawyer Esau Mandipa of Mandipa, Makwara and Chikukwa Legal Practice.
In a ruling that sharply questioned the lower court’s findings, Justice Zisengwe said the Simbi’s appeal carried “strong prospects of success,” noting that the Gweru Magistrates Court had erred in concluding that the couple forged an offer letter for a resettlement plot at Kanuck Farm.
The judge found that the trial court reached its finding of forgery without evidence proving that the couple had fabricated the document.
The ruling follows the couple’s appeal against both conviction and sentence after they were jailed by Gweru Provincial Magistrate Beaulity Dube.
The couple were each sentenced to 18 months in prison for forgery, with six months suspended for five years on condition of good behaviour, leaving an effective 12 month custodial term.
On a related fraud charge, the magistrate ordered each to pay a US$400 fine or serve five months in jail in default of payment.
Before the High Court, Mandipa argued that the State had failed to prove its case beyond reasonable doubt.
He maintained that the temporary resettlement permit at the centre of the allegations was authentic and had been lawfully issued by the competent authorities.
Mandipa further submitted that the magistrate wrongly applied the doctrine of common purpose to convict the couple, saying the principle was not applicable to the facts of the case.
He also contended that the trial court improperly shifted the burden of proof onto the accused by effectively requiring them to prove their innocence.
