The State yesterday accused Lawyer Ms Beatrice Mtetwa of
disrespecting the courts by posting issues before it on social media and
applied that she be recused from representing activist Hopewell Chin’ono, who
is facing charges of inciting the public to participate in July 31 illegal
demonstrations.
Ms Whisper Mabhaudhi and Ms Tendai Shonhiwa, representing
the State, told Harare regional magistrate Mr Ngoni Nduna that Ms Mtetwa’s
actions were tantamount to sub judice.
Chin’ono is being charged with incitement to commit public
violence. Lawyer Mtetwa is alleged to have posted on her Facebook
page titled Beatrice Mtetwa and the Rule of Law saying:
“Where is the outrage of the international community that
Hopewell Chin’ono is being held as a political prisoner?
“His life is in serious peril. Raise awareness about his
unlawful imprisonment. Do not let him be forgotten. You or someone you love
could be the next one abducted from your home and put in leg irons. SPEAK OUT”.
Chin’ono was then ordered to the witness stand to testify
on the State’s allegations where he exonerated his legal counsel saying the
accusations were meant to deprive him of a lawyer of his choice.
He told the court that the said Facebook account does not
belong to his lawyer but belonged to a documentary and filmmaker he identified
as Conway.
Chin’ono also blamed the State for “bringing before the
court” evidence without thoroughly investigating it.
Lawyer Gift Mtisi, who is also representing Chin’ono told
the court that Ms Mabhaudhi had earlier on approached him asking whether he was
in a position to take over from Ms Mtetwa in the event that the court ruled
that she renounces her agency.
Magistrate Nduna is expected to make a ruling today when
Chin’ono is also expected to make his fresh bail application on changed
circumstances.
Last week, the High Court threw out his bail appeal saying
the trial magistrate’s decision was properly made when Chin’ono was initially
denied bail.
In denying him bail Mr Nduna noted that he had shown some
defiance in the face of the State, which was calling for the banning of
protests. Justice Tawanda Chitapi in his decision to deny Chin’ono bail said:
“In disposing of the matter, I determine that the appellant
(Chin’ono) has failed to demonstrate any misdirection of fact, law or both made
by the learned magistrate in the court a quo (lower court) as would justify
interference with his judgment.
“In consequence therefore, the order I make is as follows .
. . the appeal be and it is hereby dismissed.”
Justice Chitapi said releasing Chin’ono might enable him to
continue with his campaign as there was no condition discernible capable of
restraining him if he granted bail. Herald
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