HARARE – Lawyers representing fraud accused gospel musician Ivy Kombo and her husband Andy Kasi on Wednesday took prosecutors to task for failure to commence the couple’s trial while giving repeated excuses for the delay.
The United Kingdom based couple is accused of illegally acquiring certificates to practise law in Zimbabwe without writing conversion examinations as per requirement.
They are jointly charged with Huggins Duri, an official from the Council for Legal Education (CLE).
They however deny the allegations arguing that they followed proper procedures required by the CLE.
On Wednesday, their lawyers, Admire Rubaya, Everson Chatambudza and Oliver Marwa said prosecution was now chickening out despite having displayed zeal on the matter when their clients were arrested.
“The State is now developing jelly legs which is an inconvenience to the accused persons. Accused one (Ivy) flew from the UK only for the State to postpone,” said Rubaya.
“This application is frivolous and vexatious. I remember the prosecutor Mr Chirenje vividly pushing for the matter to start on the very first day.
“He did even want this day January 31 and now wants to push it to the 19th (February).”
The State had set two days for the trial starting Wednesday and ending on Thursday but sought to have it postponed to February 19.
On Wednesday, Anesu Chirenje, appearing for the State, tried to tender an email as part of evidence against the couple but the exhibit was turned down by the presiding magistrate after it emerged that it had not been served on the defence.
The State also brought another witness Edith Mandiyanike from Fidelity Printers where the alleged certificates were printed and the email allegedly connected the allegations to one of the suspects.
The defence objected to the production of the email on the basis that it was not served on them for the purposes of trial and the court ruled in their favour.
Following the court exchanges, Chirenje asked for a postponement stating that prosecution needed time to go through the record of proceedings and “explore their options”.
Chirenje said as a result of the court’s decision, their case had “reached a defining moment” and wanted the record to be transcribed for them to “explore their options”.
Lawyers again protested with Rubaya arguing that “the State was behaving like cousins of the court” in the belief anything they say should be followed.
Marwa, who represented Duri, also scolded prosecutors for the belief that everything should go their way.
Magistrate Feresi Chakanyuka however postponed the hearing to February 19 to allow the state to put its house in order.
