The State yesterday
successfully applied for proceedings in the trial of former Vice President
Phelekezela Mphoko be heard in camera to ensure the protection of State
secrets.
Mphoko is facing abuse of office charges after he allegedly
instructed some police officers to release former Zimbabwe National Road
Administration (Zinara) acting chief executive Moses Juma from police cells.
Prosecutor Mr Lovett Masuku told the court that he had
agreed with Mphoko’s defence for the matter to be heard in camera
“The State is of the view that proceedings should be heard
in camera, the basis for the application is that the evidence likely to be
adduced will not be good in terms of State security,” said prosecutor Mr Lovett
Masuku.
Mr Masuku, however, said they had not reached a consensus
on the issue of allowing his immediate family in the trial since they are not
bound by the Official Secrets Act.
Responding to the State’s application, Mphoko’s lawyer
Advocate Thembinkosi Magwaliba insisted that the accused person’s immediate
family should be present during the trial.
He said the accused person cannot be cut out from his
family members.
“Indeed the court has a discretion to exclude all persons
or any class of persons during the trial, but the accused person’s immediate
family members cannot be excluded,” he said.
Harare regional magistrate Mr Trynos Utahwashe ruled that
the matter should be heard in camera and that Mphoko’s immediate family can
attend trial to give him moral support.
He said the accused has a right to a fair trial.
“All persons who are not court officials or the accused’s
immediate family members are excluded and the whole proceedings shall not be
publicly disclosed and should be heard in camera,” said Mr Utahwashe. Herald
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