A Harare magistrate has expressed disquiet over “delay
tactics” being employed by the defence team of former Vice President
Phelekezela Mphoko, who is facing charges of criminal abuse of office.
The trial was supposed to start on Thursday last week, but
his lawyer Mr Zibusiso Ncube sought a postponement to enable a new advocate to
handle the case.
This was the fifth time the matter was deferred at the
instigation of the defence, which cited various reasons each time the matter
was brought to court for trial.
The postponement did not go down well with both the trial
magistrate Mr Hoseah Mujaya and the prosecution which accused the defence of
playing games with the court.
Mphoko, who all along was being represented by Advocate Tawanda
Zhuwarara, advised the court that he had sought the services of Advocate
Thembinkosi Magwaliba.
In this regard, he requested for a postponement to February
13 to allow Adv Magwaliba to familiarise himself with the case and prepare the
defence.
Mr Mujaya asked: “Will this trial ever commence in this
lifetime. We cannot continue postponing this matter. All we seem to do is
gather here and look at each other and leave the court. We need progress.
“It is not only about the interest of your client, the
interest of justice requires to be protected. I am worried about these several
postponements.”
Mr Mujaya then requested that the trial commences on
February 1, which was a Saturday last week.
“I am against the date you proposed,” he said. “Court is
willing to have the matter start on February 1 and inconvenience myself and
everyone else so that we put a start to the matter. Courts are allowed to
express displeasure and demand some sort of progress.”
In response, Mr Ncube rejected the date proposed by the
court, saying they were members of the Seventh Day Adventist church, hence they
did not work on a Saturday.
He said he could not compromise on the Sabbath. Representing
the prosecution, Mr Lovert Masuku and Mr Andrew Kumire said they were ready to
proceed to trial.
Mr Masuku said: “Your Worship, the record speaks for
itself. The defence has been making several applications for postponements. We
are opposed to their application. They promised to serve us with the defence
outline on January 24, but up to now they have not served us.”
After several arguments and submissions, the State and the
defence reached a consensus and agreed that the matter be remanded to February
13 for trial.
Mr Mujaya then remanded Mphoko to the agreed date.
Mphoko allegedly instructed junior officers at Avondale
Police Station in Harare to release from detention cells, former Zimbabwe
National Road Administration (Zinara) acting chief executive Moses Juma, who
was facing abuse of office charges. Herald
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