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Another MDC MP's conviction quashed
Zimbabwe Lawyers for Human Rights (ZLHR)
December 02, 2010

The High Court has overturned the conviction and sentence of Movement for Democratic Change (MDC) Member of Parliament for Mutare West Hon. Shuah Mudiwa, who was granted a seven year prison term for allegedly kidnapping a 12 year-old girl.

Hon Mudiwa and his two co-accused persons Patricia Chikide Mwashuma and Takudzwa Mudiwa were convicted and sentenced to serve seven years in prison by Mutare Magistrate Hlekani Mwayera in 2009 for allegedly kidnapping a 12 year-old girl and isolating her in a room without food in 2007.

Magistrate Mwayera convicted Hon. Mudiwa, Mwashuma and Takudzwa on the strength of the girl's claim to have positively identified the MP and his co-accused as her alleged kidnappers.

The kidnap case arose prior to the 2008 March Parliamentary elections in which Hon. Mudiwa was challenging ZANU PF's Christopher Mushohwe in Mutare West House of Assembly constituency. But High Court Justice Ben Hlatshwayo who sat with Judge President Justice George Chiweshe on Thursday 2 November 2010 quashed Hon. Mudiwa, Mwashuma and Takudzwa's conviction and set aside their sentence after ruling that Magistrate Mwayera erred and misdirected herself by placing the onus on Hon. Mudiwa, Takudzwa and Mwashuma to prove their innocence.

The ruling by the High Court Judges followed an appeal against both conviction and sentence which was filed by Hon. Mudiwa's lawyer Advocate Linos Mazonde.

Justice Hlatshwayo and Justice Chiweshe ruled that the investigating officers in the case had failed to interview some witnesses who were mentioned in court.

Hon. Mudiwa was suspended from Parliament in July 2009 by the Clerk of Parliament, Austin Zvoma, despite appealing against his conviction and sentence. Hon. Mudiwa is now expected to resume attending parliamentary sessions and executing his duties as a Member of Parliament.

The Mutare West Member of Parliament becomes the second legislator to be acquitted after High Court Judges Justice Yunus Omerjee and Justice Chiweshe quashed Chipinge East MP Hon. Mathias Mlambo's conviction and set aside his sentence after ruling that State witnesses who testified during his trial were inconsistent. Justice Omerjee and Justice Chiweshe ruled that there was no sufficient evidence upon which the court could convict Hon. Mlambo

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