BY DESMOND CHINGARANDE A HARARE magistrate yesterday postponed to October 13 the case in which Harare West legislator Joanah Mamombe (MDC Alliance) is accused of faking her own abduction.
Mamombe, who appeared before magistrate Stanford Mambanje, is being charged together with other party activists Cecilia Chimbiri and Netsai Marova.
The State, represented by Michael Reza, had asked the court to proceed to trial claiming an application made at the High Court by the trio to stop the proceedings had been dismissed.
Reza, however, did not have the court order, claiming he could not bring it to court, but had made a loud phone call with the prosecutor dealing with the case at the High Court in the presence of the accused’s lawyer.
The accused persons’ lawyer Jeremiah Bhamu, however, accused the State of misleading the court, claiming yesterday’s remand was for the purpose of confirming the status of the matter at the High Court.
Bhamu said it was never a trial date and as far as he knew, the matter was still stayed.
“With respect to whether the trial can proceed, the record will show that last time, we appeared before magistrate Vongai Muchuchuti-Guwuriro, who said she should wait for the matter to be concluded by the High Court,” Bhamu said.
“Today was not a trial date, but to advise the court of the status of the High Court application. No order has been placed before you or if the State has that order.”
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Mambanje then postponed the matter.
“This is a remand court. If the matter is coming for trial, it should have gone to the right court. I didn’t know the matter was coming for trial. This court will be bound by the High Court order to stay the proceedings,” he ruled.
The trio is accused of lying to the police that they were abducted after they were found dumped in rural Bindura by their families and police in May last year.
Follow Desmond on Twitter @DChingarande1