Madzore case: A travesty of justice

After numerous delays, the trial finally started before Justice Bhunu and assessors on June 4, 2012. All 29 accused pleaded not guilty. There was a heavy police presence at the High Court, and entry into the court room was restricted to the accused persons’ family members.

The trial did not proceed smoothly from Day 1. The prosecution had said in its written outline that it would be calling 20 State witnesses. But progress was slow and proceedings were frequently postponed, usually because of the prosecution’s apparent general lack of preparedness.

On June 26 there was an inspection in loco in Glen View to allow the judge and assessors to inspect the scene of the alleged crime. In July the trial postponed indefinitely because one of the accused, Nyamadzwo Gapara, needed hospitalisation. All the other accused remained in custody during this postponement.

In February 2013 the prosecution applied for State witness Edinah Chihota to be allowed to give her evidence in camera. According to the State’s case outline she was an eye-witness who would identify individual accused persons as participants in the offence. She was said to have received threats from unknown people and in consequence to be anxious about giving evidence in open court. Justice Bhunu granted the application.

After several postponements the prosecution called its final witness, Cuban pathologist Dr Aguero, who had conducted the post mortem examination of Mutedza’s body. It had taken several weeks for the prosecution and Ministry of Foreign Affairs to get the Cuban Government’s permission for Dr Aguero to testify in court and to secure an interpreter. He said the injuries he had observed were not consistent with Mutedza having fallen from a fast-moving police vehicle he was attempting to board – which was what some State witnesses said happened.

On March 11 the prosecutor closed the State case. The defence immediately gave notice that they wished to make an application for the discharge of all accused. Numerous obstructions and delays followed this. On April 23, the defence was still not ready to make its submissions and requested a postponement to enable it to complete its written submissions on the circumstances of each accused. The judge then postponed proceedings indefinitely. The defence lodged its written submissions on May 6. The prosecution has yet not lodged its response. A date for the resumption of the proceedings is still awaited