The trial of gospel musician Ivy Kombo and her husband Admire Kasi, who are accused of fraudulently acquiring conversion certificates to practice law in Zimbabwe, continued this week with the State leading evidence from the investigating officer Owen Mutembwa.
Kombo and Kasi are being jointly charged with the suspended executive secretary for the Councilor Legal Education, Huggins Hardwork Duri, who allegedly provided their fraudulent conversion certificates.
In his evidence in chief, Mr Mutembwa explained to the court how the accused persons landed in the dock.
“Accused 1 and 2 (Kombo and Kasi) lied that they wrote and passed exams and Duri facilitated the provision of certificates of completion when he knew very well that they never wrote and passed the conversion exams,” he said.
Duri was allegedly paid US$1 100.
When asked by the State prosecutor Mr Ephraim Zinyandu how he linked Kombo to the crime Mr Chitembwe said it was through the affidavit she deposed.
“From my investigations, l managed to retrieve a founding affidavit of Kombo under oath that she deposed that she had written and passed eight modules and she was therefore asking the High Court to grant her permission to practice law in Zimbabwe,” said Mr Mutembwa.
He retrieved the document from the High Court. Immediately, Kombo’s lawyer Mr Admire Rubaya raised an objection relating to the alleged founding affidavit arguing that the document in question was disowned by the examinations coordinator and research assistant Vimbainashe Rutendo Sigauke who testified last week in court.
“State wants to introduce new evidence to be read into the record of the alleged affidavit. This is contaminated information or evidence and State ought to know that the person who commissioned this, Sigauke, told the court that she is not the one who signed the forged document.
So this means that this document is not an affidavit it’s just a document hence the investigating officer is not competent to talk of this document ,” said Mr Rubaya.
He added that Kombo was alleged to have signed the affidavit on 11 January last year yet she was not even in Zimbawe by that time as she arrived on February 3 last year.
Kasi’s lawyer Mr Everson Chatambudza concurred with Mr Rubaya’s submissions.
He added that at the relevant time the document in question was allegedly signed his client was still in the United Kingdom hence allowing the State to tender this document would be prejudicial to the accused persons.
Duri’s lawyer, Mr Tamutsa Muzana, also made the same submissions raised by his co-lawyers.
Trial continued in the afternoon and magistrate Chakanyuka ruled that the objections raised by the defence were sustained .
However,the trial failed to continue on Tuesday as Mr Mutembwa was unavailable and the trial was adjourned to April 9.
“The State did not lay any foundation in respect of the document that the investigating officer was supposed to comment on. This is not an official document for it to be legally binding. The objection raised has been sustained,” said Chakanyuka.
When Mr Mutembwa was asked to comment on the claims that Kombo and Kasi were exempted from writing exams, Mr Rubaya raised an objection again indicating that the investigating officer was supposed to tell the court what he investigated not what he heard or was told. The objection was sustained.
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