Even though Mtetwa’s defence insisted it was ready for the trial to proceed, Mahwe said he had no choice but to postpone after the state, led by Tawanda Zvekare, had submitted that Mtetwa was also involved in another case taking place at the same time.
Zvekare told the court that the trial date clashed with another case in which Mtetwa was defending Zimrights director Okay Machisa in a case in which he is accused of conducting illegal voter registration, forgery, conspiracy to commit fraud and an alternative charge of publishing falsehoods prejudicial to the state.
Mtetwa’s lawyer, Harrison Nkomo told the court that the state was just seeking to have the trial postponed unnecessarily.
“My conclusion is that the state is applying for a postponement. We have always insisted that we are ready to proceed,” Nkomo said.
Zvekare had submitted that the magistrate in the Machisa case, Don Ndirowei had already ruled that the other matter could proceed meaning Mtetwa’s case had to be postponed.
“It is clear that the accused cannot be involved in two cases at the same time. One of the cases has to be deferred to another date. Considering that a ruling has already been made, that the other case should continue, it is only proper that we postpone,” he said.
Mtetwa did not take kindly to an inference made by the state that she had not informed the prosecutor in the Machisa case about her own trial date insisting that the court record would show that she had clearly communicated that fact.
She then proposed the case be postponed to August since she did not have any free dates in June and July.
Mahwe, however, ruled that the case can go for trial on a Saturday and set it for 8 June.
Mtetwa is facing charges of trying to block police from conducting searches at the house of MDC-T official Thaban Mpofu after arguing that the police search warrant was illegal.
Mpofu together with three other officials from the Prime Minister’s office, Felix Matsinde, Warship Dumba and Mehluli Tshuma are facing charges of violating the Official Secrets Act.
Nkomo said the magistrate made the ruling to postpone the commencement of trial after the state and the defence failed to agree on a date “because we are ready for the trial”.
Post published in: News