Extortion accused want to approach ConCourt

CHIEF Chikwaka, ZBC radio presenter Rutendo Makuti, engineer Mutetepi Maushe and former police officer Gibson Jaji, accused of attempting to extort money from leader of Goodness and Mercy Ministries Tapiwa Freddy, have applied for referral of their matter to the Constitutional Court citing violation of their rights.

The quartet is charged with extortion after they allegedly threatened to expose Makuti’s love affair to the public following their “nasty” separation.

They allegedly demanded a Mercedes Benz and US$20 000 from Prophet T Freddy.

Yesterday, the four, through their legal practitioners, filed applications for referral to the ConCourt when they appeared before Harare magistrate Mrs Tafadzwa Miti.

They all argued that they will not be exposed to a fair hearing considering that the issues forming the basis of the case were once heard during the trial where Freddy was accused of raping Makuti.

Prophet T Freddy was acquitted of the charges.

The quartet also said they wanted to take the matter to the ConCourt to determine whether their prosecution on extortion does not infringe on their right to equal protection and benefit of the law.

They also want the ConCourt to determine whether their prosecution on extortion charges does not violate their rights to be presumed innocent until proven guilty.

Chief Chikwaka born Witness Bungu and his accomplices claimed that they all testified as State witnesses in the rape case pitting Makuti and Prophet T Freddy and their evidence also touched on issues relating to the car and money in question.

“The complainant in this matter had an opportunity to cross examine the accused in this matter. Part of the evidence adduced in cross-examination primarily focussed and inquired on the charges of extortion that the accused person now faces.

“More particularly, both during evidence in chief and during cross examination at the centre of inquiry was an inquiry into the circumstances of how the 1st accused (Makuti) was gifted or came into possession of the Mercedes Benz E Class 250 that forms the basis of the charge of extortion that the accused person now faces,” they indicated in their separate applications.

They also told the court that Prophet T Freddy willingly gave Makuti the car in question as compensation or as a gesture of seeking forgiveness for the crime of rape and physical abuse against her.

Chief Chikwaka and his accomplices also indicated that the State wanted to appeal against the court’s decision to acquit Prophet T Freddy on rape charges and it was prejudicial for the State to prosecute them before knowing the outcome of the State’s actions.

The State is expected to respond to the application before the four are back in court on December 12.