Harare Magistrate Don Ndirowei on Wednesday 9 June 2010 reserved judgment to Thursday 10 June 2010 in an application filed by the State seeking to place on remand, Farai Maguwu In her attempts to convince Magistrate Ndirowei, State prosecutor Phyllis Zvenyika enlisted the services of Detective Inspector Henry Sostein Dowa, the investigating officer in the case to give oral evidence in court.
The Dowa told the court that he had interviewed the alleged perpetrators of human rights abuses in Chiadzwa who were named in a report which the State alleges to have been handed over to Kimberley Process (KP) monitor Abbey Chikane by Maguwu and not the alleged victims.
Dowa said the alleged perpetrators of the human rights abuses who included top police chiefs denied ever committing rights abuses.
He admitted in court during cross examination by Maguwus lawyers, who include leading human rights lawyers Tinoziva Bere, Trust Maanda and Johane Zviuya that he only obtained a Warrant of Further Detention on Monday 7 June 2010 after the expiration of the 48 hour detention period which ended on Saturday 5 June 2010.
Dowa disclosed that he intends to travel to South Africa on Friday 11 June 2010 to interview Chikane and collect some papers which Maguwu allegedly handed over to the KP monitor during a meeting he held with Farai in Mutare in May.
Maguwus defence team opposed the States application seeking the placing of their client on remand on the grounds that the State facts did not constitute an offence and Section 31 of the Criminal Law (Codification and Reform) Act, which the State is relying upon was not only unconstitutional but is already the subject to a similar challenge in the Supreme Court by two senior journalists Vincent Kahiya and Constantine Chimakure.
The defence team also objected to the States allegations that Maguwu had demonized the government by allegedly submitting false material to Chikane. The defence said if criticizing the government was to become an offence then the countrys jails wouldnt cope as there would be no space left in prisons.
Magistrate Ndirowei will deliver his ruling at 11:00 hours on Thursday 10 June 2010.
Post published in: News