Sikhala, who is being represented by Jeremiah Bhamu has
challenged the video presented by the State saying it must be authenticated
before it can be accepted as evidence by the courts.
Harare magistrate Vongai Muchuchuti-Guwuriro had accepted
the video as evidence, but Sikhala approached the High Court demanding review
of the decision.
While submitting facts for postponement of the case, Bhamu
said the evidence should be authenticated by YouTube where it was downloaded by
the information technology expert.
“The court needs to make a determination on the validity of
the said exhibit. I pray that it is prudent to stay the proceedings until the
determination of the application for review at the High Court,” Bhamu
submitted.
“It is a challenge on the admissibility of the document. We
need a witness who will give us the authenticity of the video. The current
witnesses cannot speak of the authenticity of the video and cannot say if the
video is original. The other witnesses (that) we have are investigating
officers and cannot speak of the authenticity required.”
Bhamu demanded that the matter be postponed until the High
Court sets a date for hearing the review application.
But the State represented by Garudzo Ziyadhuma and Tendai
Shonhai opposed the application saying it can only stop the trial if the
defence produced an order of the High Court stopping the proceedings.
The matter has not been moving since 2020, with several
applications made by Sikhala having been dismissed by the court.
The State has continued to pursue the matter despite that
the charge was said to be non-existent in the country’s statutes in a case
where journalist Hopewell Chin’ono was being accused of a similar offence.
The State filed an appeal against Chin’ono, and it used the
basis of appeal to continue with Sikhala’s case.
Muchuchuti-Guwuriro postponed the matter to Thursday for
ruling. Newsday
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