TWO soldiers charged with trying to bomb the First Family’s Alpha and Omega dairy farm in Mazowe had their case referred to Constitutional Court after they challenged the summons used to bring them to court.
This comes after the National Prosecuting Authority nullified a decision by Prosecutor General Johannes Tomana to drop charges of possession of weaponry for sabotage against the two soldiers – Solomon Makumbe (29) and Silas Pfupa (37).
The gunners were dragged again to the court charged with possession of weaponry for sabotage after the State reinstated the charges which had been withdrawn before plea.
However, through their lawyers, Shingai Mutumbwa, Gamuchirai Dzitiro and Taurai Madiki, the duo said the summons was signed by the wrong person – deputy prosecutor general Florence Ziyambi.
They argued that PG Tomana was entitled to do that job on cases involving crimes against the State.
However, Tomana faces charges of criminal abuse of duty as a public officer or r obstructing the course of justice after he allegedly ordered the release of Makumbe and Pfupa, opting to turn them into witnesses.
Pfupa and Makumbe — who are attached to 1 Field Regiment and Zimbabwe Intelligence Corps, respectively — are challenging their placement on remand on the basis that Tomana had not authorised their prosecution.
The duo also previously made two unsuccessful applications barring the media from covering proceedings. They argued that they had previously gone to the High Court and had been granted an order for the trial to be held in camera.
Their alleged accomplice Owen Kuchata (34), who is the leader of Zimbabwe People’s Front, pleaded guilty to the charges and was jailed nine years. Another suspect Borman Ngwenya (30) is still on trial.
Harare magistrate, Sandra Mupindu, on Wednesday referred the case to Constitutional Court and ordered both parties to file their papers within 14 days.