Harare magistrate Mrs Gloria Takundwa yesterday dismissed
an application for exception by MDC-Alliance national organising secretary and
Member of Parliament for Mkoba Amos Chibaya and his deputy Sibusisiwe Bhuda
Masara who are facing allegations of failing to stop their supporters from
demonstrating last year.
Mrs Takundwa ordered that the trial should continue. Prosecutor
Mrs Mercy Ndingadini immediately sought postponement of the matter citing that
her first and second witnesses were not available.
The first witness Elias Chivandire allegedly had a
breakdown on his way to court from Kadoma. Mrs Ndingadini told the court that
her second witness Billa Simbachako was unreachable on her mobile phone.
“The State therefore, will not proceed to trial today since
all the witnesses are not available,” she said.
Chibaya’s lawyer Mr Obey Shava opposed the application by
the State arguing that the two witnesses knew that they were supposed to attend
court, but deliberately chose not to come.
“We urge the court to consider the interests of the accused
persons. I see no basis why a postponement should be granted,” he said. Mrs
Takundwa however, ruled in the State’s favour and postponed the matter to March
11.
“Given that the two witnesses were coming to court every
time, I will give the State the last chance to put its house in order,” she
said.
Mrs Takundwa ruled that there will be no further remand if
the witnesses fail to appear in court on March 11. Herald
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