A ZIMBABWEAN professional hunter, Theodore Christian Bronkhorst, who is accused of failing to prevent an unlawful hunt, yesterday successfully filed an urgent High Court chamber application seeking to stay the criminal proceedings against him pending review of the matter.
BY SILAS NKALA
Bronkhorst, who is being represented by Advocate Perpetua Dube, had previously filed an application for review of the case on November 4 this year, arguing the charges preferred against him were unreasonable.
He cited the State and Hwange regional magistrate Dambudzo Malunga as first and second respondents respectively.
Bronkhorst and his lawyer appeared before Bulawayo High Court judge Justice Martin Makonese in chambers seeking stay of prosecution pending review of the matter.
Justice Makonese granted the stay of prosecution, but dismissed part of the application in which Bronkhorst had also sought to be placed off remand.
The judge ruled: “The criminal trial of the applicant pending before the second respondent be and is hereby stayed pending the finalisation of the review application filed under case number HC 2988/15.”
The hunter had submitted in his application that the magistrate approached the inquiries in a disconnected and disordered manner and reached a conclusion that no reasonable court objectively applying its mind to the facts and issues would have reached.
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In the review application, Bronkhorst stated the magistrate erred at law as she asked and answered wrong questions of law in her investigations of the exception reaching a wrong legal conclusion.
He also said the magistrate’s decision to deny him application for referral of constitutional issues to the Constitutional Court for determination be reviewed and set aside.
State prosecutor Whisper Mabaudi conceded to the granting of stay of prosecution application, but opposed the placing off-remand application.
In his founding affidavit, Bronkhorst submitted he was being charged with contravening the provisions of the Parks and Wildlife Act, which charges he challenged by raising an exception and applying to have the charges quashed.
“I also lodged an application for referral of constitutional issues to the Constitutional Court for decision and the second respondent dismissed all three motions,” he submitted.
“I have since filed an application under case number HC 2988/15 for review of the ruling. I have now consequently approached this court for an order staying the proceedings before the second respondent (Malunga) pending review.”
Bronkhorst is linked to the illegal hunt of the country’s prized lion, Cecil, in Gwayi Conservancy in July this year.
He is facing charges of failing to prevent an illegal hunt by American dentist Walter Palmer.
Late last month, Bronkhorst was arrested again on allegations of conniving with some South Africans to smuggle 29 sable antelopes across the Limpopo River.
