Croydon, UK - A bus driver jailed for brandishing knives in his cab "for religious purposes" has lost an appeal against his conviction – but will get his "ordained" blades back.
Marima Machinjiri appeared at Croydon Crown Court last Friday in a bid to overturn two counts of possessing an offensive weapon, for which he served 12 weeks in jail.
Despite the unsuccessful appeal, the 11 centimetre and 20 centimetre kitchen knives Machinjiri used for prayer sessions in Shirley woodland will be returned to him.
The former Zimbabwean police officer told the court his sole motive for carrying knives in the cab of his 119 bus on July 5 last year was to pray in accordance with the beliefs of his obscure Christian sect – the Church of Christ (Zambuko).
He produced an affidavit from a church minister Lovemore Murima, who testified to rituals involving swords and thrice-daily prayers before dusk.
The Church of Christ, according to this sworn statement, demands a special white robe is worn while praying.
This robe has a blue belt fitted in which should be one large sword – or a symbolically used knife – on each hip.
Bus driver Machinjiri, 41, admitted to praying in such a fashion during his daily bus rides.
He usually stopped off either at woods off Shirley Hills Road or at a "fenced-in" area at the Fiveways junction, where the Propeller pub used to be.
Driver Brigitte Boughey had spotted him in traffic at the Gravel Hill roundabout making stabbing gestures with the blades.
Her account of how Machinjiri "drew a knife across his throat" and "bit his lip in anger" led Judge Ruth Downing to decide not to overturn his conviction.
She said he had used the knives in such a way as to cause alarm to the general public.
Mrs Boughey followed Machinjiri to the top of Shirley Hills Road where he parked his empty, out of service bus with its hazard lights on at 7.30pm before entering the woodland for daylight prayer.
Judge Downing accepted he belonged "to a Christian sect which has tenets and religious observances, such as the requirement to carry knives", and ordered his "ordained" knives be returned.
She said: "He was brandishing knives in a public place, and we are of the view that there was no reason for exposing or brandishing knives while on this bus.
"We take a view that in that instant Machinjiri didn't have knives for religious reasons."
Machinjiri, from Mitcham, was ordered to pay £150 court costs but a previous order to destroy both knives was refused.
He is no longer an employee of Metrobus and is currently on Jobseeker's Allowance, the court heard.
Richard Wade, operations manager at Metrobus' Beddington Lane depot, confirmed Machinjiri had been dismissed, after failing to attend an internal hearing.