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Thandeka Moyo Court Reporter
BULAWAYO lawyer Tungamirayi Nyengera has denied allegations that he attempted to facilitate an unlawful liberation of a prisoner being held at Khami Prison. Nyengera, 36, and his co-accused Absolom Hlupho, 46, a senior prison officer are facing fraud charges for allegedly hatching a plan to illegally free a convicted car thief using a fake warrant of liberation.

Testifying in court yesterday at the start of his defence case, Nyengera said he neither met Hlupho nor Lillian Tapera who had both earlier nailed him.

Tapera claimed that she gave Nyengera $1,500 to liberate her brother, while Hlupo who all along had been denying the charge, made a U-turn on Thursday and claimed Nyengera had approached him to facilitate Lungisani Sibanda’s illegal release.

“I deny all the allegations and there is no tangible proof that links me to the alleged crimes.

“Firstly I didn’t meet Hlupho and Tapera in my office on December 23 as I had cut all contact with Tapera when I failed to apply for her brother’s condonation,” said Nyengera.

He said in all instances when Tapera was paying legal fees, she would get receipts from his office and it was surprising that the $1,500 she claims was given to him had no receipt or any proof of payment.

“Hlupho is a very old man and as old as he is I’m sure he must be able to prove how I sent him with an envelope without him signing anywhere. As for the call history retrieved without my knowledge, I will not answer as it’s a violation of my constitutional right,” said Nyengera.

The lawyer said when he failed to help Tapera’s brother Lungisani, the family was not happy but he was frank and told them nothing could be done to liberate him.

Godfrey Nyoni of Moyo and Nyoni Legal Practitioners who is representing Nyengera closed his defence case maintaining that the State had no proof.

After Nyoni closed his case, Prayer Muzvuzvu who closed Hlupho’s defence case on Tuesday made an application asking the court to let Hlupho undergo medical examination as it had suddenly emerged that he had a history of mental sickness.

“If it pleases the court, I would like to move a motion to allow Hlupho be examined by two government doctors and one psychologist.

“It’s in the interest of justice that he be examined so the court is in a better position to assess his evidence brought before the court so far,” said Muzvuzvu.

His application was dismissed by magistrate Reuben Mukavhi who said Hlupho showed no signs of mental illness.

“The court doesn’t see any necessity of having Hlupho examined.

“Therefore both counsels have to hand in their closing submissions before February 20. Judgement will be delivered on February 20,” said Mukavhi.

Hlupho who initially denied being involved in taking the fake warrant of liberation or receiving money from Nyengera confessed that he had been taking the court for a ride as his 19 years’ experience as a prison officer was traumatising him.

Giving his evidence in chief, he said he did not know Nyengera but tables changed when he was cross examined by the State led by Blessing Gundani.

“From the start I was trying to trap an elephant with a small stone.

“I was trying to defend myself but it was futile and now I want to be truthful. Nyengera used me to deliver the fake warrant of liberation which I questioned but he convinced me,” said Hlupho confirming that he was given a $500.

“I assisted him in good faith and the issue of the $500 came later after he had asked me to deliver the warrant of liberation.”

Gundani also asked Hlupho why he called Lillian Tapera, Sibanda’s sister who went to Khami to collect her brother.

“I was only returning her calls and when I realised it was getting late, I told her to come back the next day as her brother hadn’t yet been released.

“I also didn’t pretend not to know her when she was apprehended, I personally apprehended her,” said Hlupho.