MARTIN MAWAYA
GWERU-Explosive scenes rocked the Gweru Magistrates’ Court on Thursday as defence lawyer Esau Mandipa accused the State of coaching a witness through covert facial expressions in the ongoing fraud and forgery trial of local businessman Charles Simbi.
Mandipa, who is representing the embattled Gweru miner, furiously objected during cross-examination, claiming prosecutor Fredrick Matsheza was using facial gestures to guide witness responses, a move he branded as unethical and prejudicial.
“My learned friend is using facial expressions to direct the witness how to answer questions. This is unprofessional and has been happening since yesterday,” Mandipa said, addressing Provincial Magistrate Beaulity Dube.
The outburst forced Magistrate Dube to temporarily adjourn proceedings and summon both legal counsels to her chambers for a closed-door discussion.
The witness at the centre of the storm, one Mawere, was testifying for the State when the drama unfolded.
Tensions had already been high earlier in the day when another key witness, Musiyiwa Paradza, was ejected out of the courtroom gallery.
Mandipa argued that Paradza’s presence during the testimony of other witness could compromise his own upcoming evidence.
The courtroom scuffle is the latest twist in a trial that has already seen the defence punching holes in multiple witness accounts.
So far, over five State witnesses have testified, with Mandipa aggressively exposing contradictions in their statements.
Under cross-examination, former Kanuck Farm owner Melvin van Gopal dropped a bombshell and told the court that he never reported Simbi or his wife Zodwa to police over the alleged fraud and forgery.
Van Gopal claimed that he only reported that illegal settlers were occupying part of his farm.
The State alleges Simbi used his wife to forge an offer letter for a 10-hectare gold-rich section of Kanuck Farm, located along the Gweru-Shurugwi Road.
The prosecution says the forged letter was used to claim ownership of the land.
But Simbi insists he acquired the land lawfully through a temporary permit granted in 2014, along with other beneficiaries, adding that the land dispute between the settlers and van Gopal is already before the High Court.
The matter was rolled over to Monday for continuation of trial.
