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Paradza should be sentenced: judge
The Financial Gazette (Zimbabwe)
March 09, 2006

http://www.fingaz.co.zw/story.aspx?stid=832

IN what ranks as a landmark decision, Justice Simpson Mutambanengwe has ruled that fugitive High Court Judge Benjamin Paradza will be sentenced in absentia today.

Justice Mutambanengwe said the runaway judge could not benefit from the provisions of the Constitution and the Criminal Procedure and Evidence Act, which accord accused persons the right to be heard prior to sentencing, because he fled from the administration of justice.

Section 18 (3) of the Zimbabwe Constitution states that every citizen has the right to be heard while Section 194 (1) says an accused person has the right to mitigation before a sentence is delivered.

Both the defence and state counsels, citing these provisions, had submitted on Tuesday that it would be impossible for any court in Zimbabwe to pass a sentence against an accused person in absentia, throwing up a legal quandary for Justice Mutambanengwe.

But Mutambanegwe, who has been recalled for the case by the government from Namibia where he is now a Supreme Court judge, yesterday said Paradza had forfeited the privileges guaranteed by the statutes because he had skipped bail.

"I, therefore, consider that an accused who abuses his right to be heard as the accused in this case has done must not be allowed to benefit from the abuse and impede the administration of justice," said Mutambanengwe.

Mutambanengwe’s decision ranks as a landmark ruling considering that Paradza is likely to be the only accused to be sentenced in absentia in the history of independent Zimbabwe.

Paradza, suspected to be in the United Kingdom, fled the country a few days before Mutambanengwe was due to sentence him after finding the judge guilty on two counts of corruption.

The fugitive judge allegedly attempted to coax fellow judges Maphios Cheda and Charles Hungwe to release a passport belonging to a business partner who was on bail in a murder case.

It was the state’s case that Paradza stood to gain US$60 000 from the alleged inducement.

After hearing further submissions from both the state and defence counsels yesterday, Mutambanengwe said he would sentence Paradza today and adjourned the court.

"I will pass the sentence tomorrow (today) after considering all these submissions," he said.

Paradza faces a sentence of up to 10 years in jail or a fine of $2 million for all the counts or both prison and fine, according to legal experts.

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