Source: The Herald – Breaking news.
Ishmael Chokurongerwa 
Prosper Dembedza-Herald Correspondent
The defence case of Apostolic sect leader Madzibaba Ishmael this week hit a standstill after he filed an application seeking a Constitutional Court ruling that would allow defence witnesses to testify on his behalf while he reserves his options to remain silent or to give evidence after his witnesses.
He contended that being compelled to either testify or to choose silence before calling his witnesses to give evidence is a breach of his right to a fair trial, as it interferes with his legal strategy and undermines the principle of a fair defence. According to him, the court’s approach forces him into a position where he must testify or renounce his right to testify before fully establishing his defence through his witnesses.
However, the State led by prosecutors Mr Tafara Chirambira and Ms Sheila Mupindu opposed Ishmael’s application. The prosecution argued that the application was frivolous and intended solely to delay proceedings. They maintained that, under the law, an accused person must either testify first or choose to remain silent before calling any witnesses.
The state further emphasised that if Ishmael wished to exercise his right to silence, he should do so outright rather than making it contingent on what his witnesses might say. The prosecution characterised his request as a deliberate delaying tactic designed to stall the case.
Madzibaba Ishmael, whose full name is Chokurongerwa, is currently facing three serious charges: ill-treatment of children, conducting a burial without a burial order, and failing to report the birth and death of a person. These charges have drawn significant public interest, given his status as a well-known religious figure.
Norton Magistrate Christina Nyandoro is expected to deliver a ruling on Ishmael’s application for referral to the Constitutional Court on March 7, 2024. If the application is granted, the matter will be escalated to the highest court to determine whether his constitutional rights have indeed been infringed upon. If denied, the trial will proceed under the existing court procedures.
COMMENTS