Con-Court orders fresh Mwonzora trial

HARARE - MDC spokesperson Douglas Mwonzora is facing a fresh trial following a 2011 political violence case in Nyanga after the Constitutional Court dismissed his application for stay of prosecution.

Mwonzora is being charged together with 49 other MDC members, whose names were not given in court, for causing political violence at Chatindo School in Nyamaropa, Nyanga.

He approached the Constitutional Court seeking a stay of prosecution saying his constitutional rights were violated during the course of his arrest, which he claimed was tantamount to an abduction.

Chief Justice Godfrey Chidyausiku yesterday dismissed the application.

“The application in this matter is dismissed, the reasons for the judgment will be provided in due course,” Chidyausiku said. He had a full bench of Con-Court judges.

Mwonzora through his lawyer Zvikomborero Chatambudza had submitted that the nature of their arrest was unlawful.

“They were arrested and detained not by police officers but by other persons,” said Chatambudza.

“Just because they were arrested by other people who were not police officers that amounts to abduction and everything that comes from that abduction is not lawful.

“This is the gist of the stay of prosecution.

“First, there was abduction and the people were brought to court after the abduction.

“The record before the court features a range of complaints that were made by the applicants.”

Chatambudza also submitted that the State ignored the nature of the applicant’s illegal arrest since they were abducted and detained for over 24 hours before being brought into lawful custody.

He said Mwonzora and his team were not properly brought before the court.

Responding to Chatambudza’s submissions, Edmore Nyazamba said there was no evidence from the courts to prove that the nature of the arrest was unlawful.

“There was no admission that the State alleged that the arrest was done improperly,” Nyazamba said.

“It is mainly from the procedures of the Magistrates Court that this application be dismissed.

“There are no facts that the rights violation alleged were made.”

Earlier, Chatambudza had applied for a postponement of the matter saying there were some affidavits and some material in the record from the Nyanga Magistrate’s Court, where the case was first tried, that were missing.

He pleaded with the court to give a 30-day postponement so as to allow him to go and fetch the papers to properly support his application.

Nyazamba opposed the postponement saying Chatambudza had ample time to gather materials which supported his application.

Chidyausiku said the applicant was given two years to put his papers in order but failed.

Comments (3)

Chidyahusiku legalising an illegal act

Maita Manyuka - 12 June 2014

Chidyausiku is political

Mukanya - 13 June 2014

Mutongi asingatyi Mwari,,,Mwari tibatsirei

sober - 14 June 2014

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