THE lawyer representing NewsDay’s Beitbridge-based journalist, Rex Mphisa, arrested for allegedly flouting COVID-19 lockdown regulations and public drinking, has applied for discharge of his client citing lack of evidence.
BY STAFF REPORTER
Jabulani Mzinyathi of Garikayi and Company in his application last week said the State case against Mphisa was hopeless and asked the court to spare his client the trouble of giving evidence which was the duty of the State.
“The two witnesses’ testimonies differed in material respects to a point that placing accused persons on their defence is tantamount to asking them to self-incriminate,” Mzinyathi said in a written application for discharge.
Mphisa was arrested together with Zimbabwe Newspapers sales and circulation representative Charles Marerwa, businessman Thulani Nasha and Davison Sibanda at a local butchery on May 15.
The four have all denied the charges.
Mzinyathi said evidence by two State witnesses Constables Munodawafa Manyakare and Action Utete conflicted.
“It is submitted that the State case has collapsed like a gypsy’s accordion. It is hopelessly mired by a litany of unforgivable lies told under oath,” Mzinyathi said praying that the court discharges his client at the closure of the State case.
Ronald Mugwagwa for the State is expected to submit his response in writing before Thursday when magistrate Anniah Chiweta will make a ruling.