Mamombe and Chimbiri last week approached the upper court
with an urgent chamber application seeking stay of proceedings pending filing
of another application for review of the lower court’s decision to dismiss
their application for discharge at the close of the State case.
Yesterday, their matter was deferred to October 18 when
they appeared before Chief Magistrate rs Faith Mushure.
Mrs Mushure dismissed their application for discharge at
the close of the State case saying they had a case to answer.
The court ruled that the duo must explain why their mobile
phones managed to upload material on their various social media platforms at a
time they claimed to have been abducted.
Through their lawyer Mr Alec Muchadehama, Mamombe and
Chimbiri said there were high prospects of success upon filing their
application for review at the High Court.
They argued that two offences they are charged with were
unconstitutional, null and void in terms of the current Constitution.
They also claimed that the court acted injudicious when it
put them on their defence case arguing that the move was aimed at bolstering a
weak State case.
Mamombe and Chimbiri also accused the court of
manufacturing evidence in its ruling on their application for discharge.
The State led by Mr Michael Reza had opposed the
application saying there was no evidence placed before the court to prove that
an application was being filed at the upper court.
Mr Reza submitted that the two failed to place before the
court an order from the High Court ordering stay of the trial proceedings.
He also told the court that allowing for stay of proceedings was tantamount to reviewing its own initial ruling. Herald
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