Henrietta Rushwaya, accomplices remain in custody
SUSPENDED Zimbabwe Miners Federation president Henrietta Rushwaya and her alleged accomplices Steven Tserayi, Raphios Mufandauya and Gift Karanda who are in prison are worried with their continued incarceration and have appealed to the court to have the record of proceedings transcribed so that they will approach the High Court for bail appeal.
The five are jointly charged with businessman Ali Mohamad on allegations of smuggling and unlawful possession of gold emanating from the arrest of Rushwaya at the Robert Gabriel Mugabe International Airport and found in possession of 6kg of gold.
Their lawyers said they are battling to disregard the rumour mill that there is an instruction to delay availing the record.
Rushwaya through her lawyer Tapson Dzvetero said they have written three letters requesting to have the record of proceedings so that their matter could be heard at the High Court.
He said they have lodged an appeal but it cannot be heard as there is no record of the bail proceedings. Rushwaya is also worried that the gold is reducing in size with reports that it is now less three grammes from the initial 6kg and purity levels had declined from the 99,9percent to 93 percent following a series of visits to Fidelity refineries for what is termed re-assay.
Tserayi’s lawyer Admire Rubaya said as officers of the court they were battling to disregard the rumour mill concerning the record.
He said they are concerned that the State has had access to the record which they had used in appealing the granting of bail to businessman Mohamad yet they have not had similar privileges.
Mufandauya’s lawyer Joshua Chirambwe said he has heard the rumours but they will not be drawn into scandalising the court but appealed to have the record produced so that the appeals would be heard.
Karanda’s lawyer Dumisani Mtombeni said they had written two letters to have the record produced and they hadeven paid the required $10 000.
He said others who have come before them have since acquired their records and had their appeals and are now out of custody.
Regional magistrate Ngoni Nduna said he was working on the record and was actually proof reading it and referring to the recorded tapes.
The five have also appealed to the court for them to be given back their cellphones which they said were being unlawfully held by the police.
They will be back in court on Monday for the ruling on the application over the release of their cellphones.