High Court Judge, Justice Karwi today, 20 July 2009 ordered the state to submit trial documents to the defense counsel in the case of The State vs. Jestina Mukoko amid growing concerns that the Attorney Generals office is failing to corroborate allegations leveled against the civil society leader. (Pictured: Jestina Mukoko)During submissions, defense counsel, Beatrice Mtetwa who represented Mukoko, noted that Mukoko and other political activists were indicted on the 5th of May 2009 whereupon the state was requested to furnish the defense with all the necessary documents for trial namely; witness statements, audio-visual evidence of the witnesses, video interviews conducted with the activists in the absence of their lawyers and police diary logs.
The court heard that between 12 May and 2 June 2009, the defense wrote four letters to the Attorney Generals office requesting the release of the trial documents. The requests were however, met with disdain by the AG. This was despite the fact that Ms. Mukoko had been indicted for trial and was entitled to the trial documents. It was noted that the defense received some of the documents on the 16th of July 2009 with the exception of the video evidence, recordings of the interviews and the police diary logs.
According to Ms. Mtetwa, upon appeal for the video footage, the defense was advised that they could only watch the video in the presence of Mr. Zvekare of the Attorney Generals Office which negates the need for privacy between the client and legal officers. Responding to the issue raised by Ms. Mtetwa, prosecutor, Mr. Chris Mutangadura stated that there was no need to provide the requested information since the trial was postponed indefinitely as the case is before the Supreme Court.
However, Justice Karwi directed that the state provides the necessary documentation as a matter of urgency. I totally agree with Ms. Mtetwa that the moment you indict a person, you should furnish them with all documents. The complaint raised worries me. What is there to hide? The trial is there from the day you indict an accused person, said Justice Karwi in his ruling.
As trial commencement is deferred
The Judge also deferred the trial commencement of Jestina Mukoko, Broderick Takawira and Audrey Zimbudzana, whose cases await verdicts from the Supreme Court.
Chinanzvavana, Kaseke application for referral to the Supreme Court
Justice Karwi set the hearing of the application for referral to the Supreme Court lodged by Emmanuel Chinanzvavana and Beater Kaseke to tomorrow, 21 July 2009 at the High Court at 1000 hrs.