THERE was drama in court as the defence counsel in a case in which Gweru miner and businessman Charles Simbi and his wife Zodwa, who are charged with fraud and forgery, accused the prosecutor of making facial expressions to a State witness during cross-examination to allegedly influence responses.
The couple’s lawyer, Esau Mandipa, was cross-examining one Mawere when he suddenly objected to prosecutor Fredrick Macheza’s alleged non-verbal communication to the witness to “guide” his (witness) responses to the questions posed to him.
“This is unprofessional your worship. My learned colleague is making gestures to the witness before he responds to my questions. Can he just be professional to enable a fair trial,” an unamused Mandipa said.
As tempers flared, Macheza tried to defend himself that he was not making facial expressions to the witness and magistrate Beaulity Dube had to quickly adjourn the court proceedings before instructing the two legal counsels to meet her in her chambers.
Mawere was said to have been initially allocated a piece of land which was later on occupied by Zodwa Simbi.
Mawere turned down the offer saying he had identified another land somewhere.
But he was quizzed as to why his version of dates differed from that of the cartographer on when the land was allocated and his subsequent refusal to take the offer.
When he struggled to respond to the question, that is when Macheza allegedly made facial expressions to influence his answers.
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The trial, which was supposed to resume after lunch to allow the two legal counsels to cool down emotions, was, however, postponed to Monday after Dube indicated that she had an urgent business meeting to attend to.
According to the State, Simbi allegedly used his wife to forge an offer letter on part of Kanuck Farm, located along the Gweru-Shurugwi Road.
The farm is said to be owned by prominent Gweru businessman Melvin Van Gopal.
The State alleged that Simbi used his wife to forge an offer letter, which offer letter was allegedly used to claim ownership of the land.
But in their defence, the accused argued that they were among a group of beneficiaries resettled by a committee from the Midlands war veterans and were, therefore, improperly singled out among other settlers.
