First Class warrant cancelled
7 November 2016
HARARE magistrate Hoseah Mujaya last week cancelled a warrant of arrest that was issued against First Class Bus Company owner Simbarashe Gibson after the court noted that it was issued in error.
Simbarashe had been issued with a warrant of arrest on July 12 2013 after his bail pending appeal on rape charges had been dismissed at the High Court.
However, Simbarashe took his appeal to the Supreme Court where it was again dismissed on June 6 2014.
The bus operator then approached the Constitutional Court where his bail conditions were varied on September 5 2014 pending his hearing at the ConCourt.
Speaking through his lawyer Tawanda Tandi, Simbarashe in his submissions during his default enquiry, told the court that he was not a fugitive from justice as the State led by Michael Reza has alleged.
“It is submitted that the warrant of arrest issued out of this honourable court on July 12 2013 was issued in error as there was a High Court order (B552/13) entitling accused person to bail pending appeal as of July 3 2013.
“It is further submitted that the accused person is not a fugitive from justice as he is on bail pending appeal.
“It is further submitted that accused person was not in hiding. In fact he has been going to work.
“He was actually called by police officers stationed at Southerton Police station on November 1 2016.
“The police officers are aware that accused person is not a fugitive as he passes through Southerton Police station on his way to work and his motor vehicle is personalized,” he said.
Lawyer Tandi also said that his client was not aware that he had been issued with a warrant of arrest saying he could have approached the court for cancelation if it had come to his attention.
“The warrant of arrest was issued on 12 July 2013 when accused person had been granted bail pending appeal on 3 July 2013.
“It is submitted that the warrant of arrest was issued in error because if the court had been advised of the existence (of the order) it could have issued a warrant of arrest on July 12 2013.
“The warrant seeks to commit an accused who is on bail pending appeal to serve an effective prison term when the appeal is still to be heard and determined.
“He has not breached any of the bail conditions. The court is aware of that accused is on bail pending appeal.
“The accused was not aware of the existence of warrant of arrest, had he known he would have sought its cancellation,” he said.
The State conceded that Simbarashe was on bail pending the ConCourt hearing before magistrate Mujaya cancelled the warrant of arrest.
Simbarashe is also facing another sexual offence in which he is standing accused of forcing his 24-year-old cousin to suck his manhood.
He was remanded in custody to November 16 and was advised to approach the High Court for bail application.