HARARE – The High Court on Tuesday upheld the conviction and sentencing of prosecutor Andrew Kumire by a Harare magistrate for contempt of court during the trial of prominent human rights lawyer Alec Muchadehama, but it was not immediately clear whether the state had complied with the order to send Kumire to prison.

Harare magistrate Chiwoniso Mutongi last Thursday slapped prosecutor Kumire with a five-day jail term after she found him guilty of contempt of court when he clicked his tongue in disapproval of an order the magistrate had made.

After the sentencing by Mutongi last week, Kumire appeared unnerved by the ruling and simply walked out of the courtroom only to appeal against the ruling some hours later at the High Court.

But High Court judge Tedias Karwi’s confirmation of the sentence is likely to send a powerful message to the state counsel who was out on a US$30 bail.

Justice Karwi, after reviewing the matter said the magistrate had handled it well and the proceedings at the magistrate’s court were in accordance with substantial justice.

“Confirmed. Proceedings are in accordance with real and substantial justice,” ruled Justice Karwi in his review remarks.

This effectively means that Kumire now has to serve the five days in prison as stated in the earlier ruling at the lower court.

Justifying her decision, Mutongi said after Kumire raised a certain point of argument, the defence council objected to his line of questioning and the court held the objection sustainable.

“The same state counsel produced a sound that is always regarded as contemptuous and clearly undermined the court’s authority. The court decided that the behaviour was intolerable; he should have led by example,” said Mutongi.

She said the court felt that such conduct should not be tolerated and he should be committed to prison for five days.

During the trial Kumire continuously defied the magistrate arguing that he had not asked any leading question. The magistrate further cautioned him against undermining the authority of the court. But he proceeded undeterred and grumbled his disapproval against the magistrate’s cautionary remarks.

Kumire was representing the state in the trial of Muchadehama, who is jointly charged with High Court Judge Justice Chinembiri Bhunu’s clerk, Constance Gambara, for conniving to unlawfully release on bail three political detainees from police custody.

The state alleges that last April Muchadehama and Gambara unlawfully facilitated the improper release of freelance photo-journalist Andrison Manyere from Chikurubi Maximum Security Prison, as well as MDC officials Kisimusi Dhlamini and Gandhi Mudzingwa who were under hospital detention at the Avenues Clinic after their abduction by state security agents for allegedly masterminding terror activities in the country – a charge they deny.