THE trial of former Information Communication Technology
minister, Supa Mandiwanzira on criminal abuse of office charges failed to take
off yesterday after the State could not furnish him with court papers an hour
before the court sat.
According to the Evidence and Procedure’s Act, an accused
person must be furnished with court papers three days before the trial kicks
off, but the State, represented by Michael Chakandida, tried to convince the
court to proceed to the trial despite failure to comply with the rules.
Chakandida said the delay in providing the defence with the
court papers was caused by the police, who only gave him the docket last
Friday.
But Mandiwanzira’s lawyer, advocate Brian Hungwe, said the
State’s inefficiency could not be used to prejudice his client and asked the
court for a postponement to January 28.
Hungwe told the court that the state had undertaken to
furnish Mandiwanzira with papers in a “few days” on November 7 when he appeared
for routine remand on November 30, but had failed to deliver.
“Defence has objections to the case starting today for the
following reasons: accused was arrested on November 7, 2018; the assumption
arising as a result of the arrest is that the police would have completed their
investigations upon his appearance on the very day,” Hungwe said.
“This honourable court was advised by the State, and with
all due respect, we agreed with the State that the trial begins on December 10.
On that day, the defence was advised that the State papers would be ready
within a week. Those papers were never availed to the defence until the accused
person appeared for the second routine hearing.
“On November 30, this honourable court was advised that the
trial will begin today (yesterday) and that the State papers would be available
within a few days. Your worship, I don’t know what a few days meant. We only
got the papers today (yesterday). To be precise, an hour ago,” Hungwe said.
But prosecutor Chakandida, of the Special Anti-Corruption
Unit, said the delay was beyond his control as the trial prosecutor, but
opposed to the matter being remanded to next year as this would violate
Mandiwanzira’s constitutional right to be tried within a reasonable period.
Mandiwanzira is accused of criminal abuse of office after
he allegedly engaged a South African firm, Megawatt Company, to provide
services to NetOne without going to tender.
He is also accused of appointing his personal assistant,
Tawanda Chinembiri to the Postal Telecommunications and Telecommunications
Regulatory Authority of Zimbabwe board. Newsday
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