HARARE magistrate Anita Tshuma yesterday postponed the matter in which the director of research in Prime Minister Morgan Tsvangirai’s office Thabani Mpofu is facing allegations of flouting the country’s firearms law, to July 3 because defence witnesses were not available.
Report by Senior Reporter
Mpofu’s lawyer Alec Muchadema told the court that one of the witnesses, prominent lawyer Beatrice Mtetwa, was tied up in a trial at the High Court while they would also require the assistance of the State to subpoena the other witness who is a police officer.
Muchadehama had said the defence was likely to face bureaucratic bottlenecks if they tried to secure the release of the police officer from duty.
Through Muchadehama and Chris Mhike, Mpofu had made an application for discharge at the close of the State’s case arguing that he had no case to answer.
He said the firearm which forms the subject matter was seized during an unlawful search, and should be excluded from the evidence before the court.
He added that the police did not, as the search warrant required, proceed to search his house for articles which were believed to be concerned in the commission of an offence, as required by section 49 of the Criminal Procedure and Evidence Act.
Area prosecutor Jonathan Murombedzi, however, opposed the application which he argued lacked merit.
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He said the evidence heard in court showed that the police just stumbled upon the firearm while searching for articles in respect of another case adding that it was not prudent for the police officers to leave the firearm and go back to apply for a search warrant under the circumstances.
Charges against Mpofu arose when detectives searching for documents at his premises stumbled on, and confiscated a firearm that was hidden under a pile of clothes in the house. When police asked to see a certificate for the weapon, Mpofu allegedly failed to produce one, leading to his arrest.
