TOP lawyer Thabani Mpofu has described his on-going
prosecution as abuse of authority by the Prosecutor-General (PG) Kumbirai
Hodzi.
Mpofu is accused of conniving with other lawyers Tapiwa
Makanza and Joshuwa Chirambwe in creating a fictious person by the name
Simbarashe Zuze and filing papers at the Constitutional Court challenging the
appointment of the PG.
Mpofu is also facing counts of corruptly concealing a
transaction from a principal in another matter in which he is alleged to have
connived with lawyer Everson Samukange.
Mpofu also stands accused of obstruction of justice and
perjury. And through his lawyer Beatrice Mtetwa he is challenging the basis of
his remand.
“This is abuse of authority and attack on my right of
practice,” he said. On Thursday he sought to have a video of the said Zuze
played in court to justify his existence.
This was, however, disputed by the State saying it is not
procedural and that the video has to be produced through the person who made
it, testifying.
Mpofu also had an affidavit by the same Zuze which the
State attacked saying it had no proper contents such identity particulars to
justify his existence with Mpofu arguing that there is nothing at law to compel
that an affidavit should have such details.
Chief magistrate Munamato Mutevedzi concurred with the
State saying the video will be produced when Zuze has testified.
He said it will be difficult to link the video and the affidavit
to the said Zuze if he does not testify. Mpofu is also
disputing claims of connivance with Samukange, explaining his role as an
advocate.
He said the arrest and prosecution is an attack on his
right of practice which is malicious and bent on personal interest.
On the perjury case, it involves the said Zuze again with
Mpofu saying it is laughable that he can be alleged to have plagiarised his
work. He said he actually argued the matter and judgment was reserved, having
been instructed by Chirambwe with the same Zuze.
He said the State cannot have it both ways, accusing
Makanza in another matter of interfering with Zuze as their witness yet in his
case they deny his (Zuze) existence.
The State is challenging his application saying it is
baseless and he ought to be tried. Daily News
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