Sir Wickinell Fights Against Supreme Court

Sir Wickinell Fights Against Supreme Court
Published: 2016 May 27 01:32:46 (2195 Views)

Controversial businessman Wicknell Chivayo is fighting to have his 2005 conviction on money laundering quashed by the Supreme Court despite having fully served the three-year prison term imposed on him.

Chivayo was in 2005 jailed five years for money laundering, which involved R837 000 by the High Court.

Two years were conditionally set aside, leaving him to serve an effective three years in prison.

He appealed to the Supreme Court against both conviction and sentence, but his appeal could not be heard since 2005 after it emerged that some papers were missing from his court record.

Through his lawyers Advocate Thabani Mpofu and Wilson Manase of Manase and Manase Legal Practitioners, Chivayo this month revived his bid for acquittal by filing supplementary heads of argument.

In the heads of argument, Chivayo argued that the conviction was inconveniencing him and that it must be quashed.

Chivayo argued that since some papers were missing from the court record — coupled with the fact that reconstruction of the same record as directed by the late Justice Wilson Sandura some 11 years ago has not been done — he was entitled to an acquittal.

“No record has been prepared. Appellant has fully served the imposed term of imprisonment. There is no prospect that the appeal will ever be heard. The conviction, however, remains a huge inconvenience to the appellant.

“There is something fundamentally wrong with this state of affairs,” argued Chivhayo’s lawyers.

“The absence of a record of proceedings is a fatal irregularity given that the High Court is a court of record.

“When faced with an incomplete record of proceedings, this court has no option but to quash the proceedings a quo.”

The delay in the finalisation of the appeal, the lawyers argued, was a breach of the Constitution.

“The absence of the record is at any rate, a breach of Section 70 ( 5) of the Constitution of Zimbabwe.

“The delay in the finalisation of the appeal constitutes a breach of appellant’s right to a fair hearing within a reasonable period as set out under Section 69 (1) of the Constitution of Zimbabwe,” argued Chivhayo.

The delay, it is argued, also constitutes a breach of his right to access a court as set out under Section 69 (3) of the supreme law.

Chivhayo further argued his rights to human dignity and freedom from torture or cruel, inhuman or degrading treatment as enshrined under Sections 51 and 53 of the Constitution were also violated.

The matter is yet to be set down for hearing at the Supreme Court.

Allegations against Chivhayo arose on July 4 and 5 in 2002 when he allegedly received R837 000, which was part of proceeds of a crime.

The money was in form of three cheques, which he deposited into his bank account.

Chivhayo pleaded not guilty to the charges but the High Court found him guilty and slapped him with a prison term on August 4 2005.

The High Court dismissed Chivhayo’s application for leave to appeal on the basis that there were prospects of success in the challenge.

However, the late Supreme Court Judge Justice Wilson Sandura allowed him to lodge the appeal.

Bail pending appeal was dismissed resulting in Chivhayo serving the prison term without being heard on appeal.



- Herald
 0

You May Like These Videos

Comments

| Comment With Facebook Submit

There are no comments.

Big Reads

Pictures show fuel tankers offloading fuel in the bush

by Moses Zhou | 2019 August 13 07:53:37

Schoolgirl drops out after continuous 'sexual abuse' by teacher

by Staff Reporter | 2019 August 13 07:42:33

Bulawayo prostitutes dollarise

by Staff Reporter | 2018 December 01 00:43:29

DRAMA as mourners fight over deceased loan sharks' loot

by B-Metro | 2018 November 30 23:35:19

'Tsvangirai's ex' on police wanted list

by B-Metro | 2018 October 19 12:39:23

Dumped man glasses wife's face with broken beer bottle

by Staff Writer | 2018 October 19 12:32:05

Zimbabwe prostitutes hike prices

by Zimbabwe prostitutes hike prices | 2018 October 18 17:13:08

Pastor shocks female congregant with new panties

by Metro Writer | 2017 March 28 10:50:44

Harare man steals 10kg mealie meal from neighbour

by Court Reporter | 2017 March 28 07:56:29

Four company directors die in Vumba Mountain plane crash

by Staff Writer | 2017 March 28 07:38:59

Man with 'deformed' body bashes parents

by Staff Writer | 2017 March 24 09:48:46

Mugabe Knows Nothing About The Zimbabwe Constitution: MP

by Staff Reporter | 2016 October 01 08:12:02

Troubled Harare Giants Dynamos Falls Into Another Deep Crisis

by Own Correspondent | 2016 October 01 07:49:17

Shock As Local Bank Denies 'Rich' Mugabe's Son Heifty Credit

by Own Correspondent | 2016 September 30 19:14:54

Mugabe "Home Coming" And "Thank You" Rally On Cards

by Own Correspondent | 2016 September 23 06:48:24

Prof Moyo Was Dumped By Western Embassies, Claims Mutsvangwa

by Staff Reporter | 2016 September 22 10:08:07

Prof Jonathan Moyo In Fresh Beef With War Vets

by Own Correspondent | 2016 September 22 07:48:10

You Are Too Old To Lead, Aging Zim President Mugabe Told

by Own Correspondent | 2016 September 22 07:19:25

Younger Lover Beats Up Sugar Mama For Cheating

by Own Correspondent | 2016 September 20 03:21:43

Anti-Corruption Commission Loses Property In Failed Probe

by Own Correspondent | 2016 September 20 03:18:19

Mutsvangwa's Son Caught Up In Rape Case

by Own Correspondent | 2016 September 20 01:24:00

REMAINING PSL FIXTURES: ONLY 7 WEEKS LEFT

by Sports Correspondent | 2016 September 20 01:21:33

Victims Involved In Horror Crash Named

by Own Correspondent | 2016 September 20 01:16:09

Man Kills Uncle For Taking Him To Prophet

by Own Correspondent | 2016 September 20 01:11:08

Mphoko Threatens Zimra Over Irregular Taxes

by Own Correspondent | 2016 September 20 01:07:44

China Pours $46m On New Parliament Construction

by Own Correspondent | 2016 September 20 01:05:11

SHOCKING:14 Year Old HIV-Positive Boy Rapes 7 Pupils

by Own Correspondent | 2016 September 20 00:04:55

Tajamuka Slams Zimpapers, Fumes Over

by Own Correspondent | 2016 September 19 11:56:42

Mthwakazi Activists Torment Mujuru

by News Editor | 2016 September 19 10:52:58

We Did Not Fire Live Bullets: Police

by Staff Reporter | 2016 September 19 08:09:20

Ruling On 58 Protesters Expected Today 



by Court Reporter | 2016 September 19 08:10:40

6 Zanu PF Youths Nabbed For Assaulting Cops

by Court Reporter | 2016 September 19 08:11:50

Mutare Con-artist Cracks Zanu PF

by Own Correspondent | 2016 September 19 08:13:32

MSU Student Caught Peddling Drugs Tor Tuition Fees

by Own Correspondent | 2016 September 19 05:29:18

ZIMRA Dishes Out Rewards To Faithful Tax Payers

by Own Correspondent | 2016 September 19 05:24:19

Headmaster ‘Steals’ $17 000 From School's Fees

by Own Correspondent | 2016 September 19 05:21:24

Mujuru Party Fails To Pay $15 000 For Printed T-shirts

by Own Correspondent | 2016 September 19 05:14:37