PUBLIC prosecutor Trustmore Mukarati has accused businessman-cum-politician Temba Peter Mliswa’s lawyer of denigrating the State by claiming that his client was unlikely to get a fair trial if his violence case was heard in Chinhoyi.
OWN CORRESPONDENT
Mliswa (41) and nine co-accused persons are being charged with public violence.
Mliswa’s lawyers Musindo Hungwe, Ray Tsvakwi and Mike Mutsvairo representing the others had submitted, as basis for bail, that accused did not have pending cases of similar nature, and that Mliswa had an alibi as he was not physically present when the violence occurred.
The State opposed bail arguing political violence was a serious charge which attracted a maximum penalty of 10 years in jail and, therefore, accused were likely to abscond.
The trial failed to kick-off on Monday after the defence filed an application to have the case moved to Harare insinuating there were “hidden political hands” in the matter.
Mliswa is jointly charged with Goodwell Zinyama (49), Simbarashe Mamina (30), Christopher Munakira (35), Munyaradzi Mutami (33), Judge Makwava (34), January Mapfundematsva (37), Matilda Makwanya (33), Munyaradzi Gava (26) and Livingstone Muwandi (42).
Allegations against them are that on February 22 at Zimonja business centre, Zvipani, Hurungwe West, they ganged-up with four others who are still at large and attacked, Zanu PF Hurungwe East Member of Parliament Sarah Mahoka, who is also Zanu PF Women’s League provincial chairperson for Mashonaland West, and her entourage for “trespassing”.
In its submissions to oppose a request by the defence to have the matter moved to Harare Magistrates’ Courts, the State, led by Mukarati assisted by Babra Mabika yesterday argued applicants were “abusing their right to request transfer as it was not being honestly exercised”.
The State said while it was litigants’ right to have the matter transferred in the interest of justice, the right was being used “under a cloak of an application to frustrate the State machinery and witnesses” who had religiously attended court since last week expecting trial to commence on March 4 as scheduled.
“The application ridicules, as it were, the judiciary in this province to say the least. It is in bad taste as it, in truth, insults the court presiding over this matter. There are no reasons to allege the bench is not impartial. The application has no merit,” Mukarati said.
Presiding magistrate Felix Mawadze ruled in favour of the State and set March 18 as trial date.
The denial for change of jurisdiction became the third unsuccessful application by the defence after bail was opposed and a later attempt to file for refusal of further remand was thrown out, with magistrate Mawadze blaming the defence for employing delaying tactics.
