THE trial of Sunday Mail editor Mabasa Sasa and reporters Brian Chitemba and Tinashe Farawo on charges of publishing falsehoods had a false start yesterday after the defence told the court that it had not been served with all relevant State papers.
BY PAIDAMOYO MUZULU
The trio was arrested in November last year after the State-controlled weekly published a story alleging a senior police officer was involved in an elephant poaching syndicate wreaking havoc in Hwange National Park.
Presiding magistrate Tendai Mahwe ruled that the trial should be postponed to allow the defence to be served with the relevant documents.
Senior Assistant Commissioner Charity Charamba[/Caption]
“Starting the trial would result in an unfair hearing if papers were not served. Both parties have to agree on a postponement,” he said.
The State and the defence agreed to start the trial next Tuesday.
The State said it needed a short postponement because some of its witnesses needed to travel outside the country on business, making an early trial desirable.
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The State is going to present four witnesses – national police spokesperson Senior Assistant Commissioner Charity Charamba, Zimbabwe Parks and Wildlife Authority spokesperson Caroline Washaya-Moyo, the investigating officer Oscar Mugomeri and Tawanda Gotosa – who will testify against that accused.
Francesca Mukumbiri is prosecuting the case.
Meanwhile, the trial of former war veterans leader Jabulani Sibanda has been pushed to June 30 this year on the hope the Constitutional Court (ConCourt) would have finalised his application challenging the constitutionality of the charges.
Sibanda is facing charges of demeaning the Office of the President when he said First Lady Grace Mugabe was plotting a “bedroom coup” when she moved around the country de-campaigning then Vice President Joice Mujuru. Sibanda is also alleged to have said that political power was not “sexually transmitted”.
However, Sibanda in his application for referral to the ConCourt, had argued the law used to arrest him was depriving him the right to freedom of expression.
The court is still to hear the matter. Sebastian Mutizirwa prosecuted the case before magistrate Elijah Makomo.
