THE State was yesterday ordered to bring a burial order to court during the trial of MDC Alliance vice-chairman Job Sikhala on September 15 to prove that one of the witnesses who failed to testify was indeed attending a funeral.
Sikhala is facing charges of inciting the public to commit
public violence after he allegedly released videos and audios urging the public
to protest on July 31 last year.
Prosecutor Tendai Shonhai told magistrate Stanford Mambanje
that the trial could not proceed because one of the State’s witnesses was at a funeral in Masvingo.
Shonhai further told court that another witness, Edmore
Runganga was attending a Sadc meeting and could not be available for trial.
“We are seeking the indulgence of the court to postpone the
matter to September 15. Our witnesses (Munganga) is not available as he is
attending a Sadc meeting and another is attending the burial of his brother in
Masvingo.
But Sikhala’s lawyers Harrison Nkomo and Jeremiah Bhamu
opposed the application, saying the trial should proceed as arranged, arguing
that postponement would prejudice their
client.
“We submit that the application must fall. The State has
not taken this matter seriously. If Runganga is not available, let us start
with witnesses who are available because as we understand, there are eight
witnesses. The reason by the State on unavailability of witnesses is not
sufficient to postpone the trial,” Nkomo said.
Bhamu said the evidence of the matter are only video clips,
audios and Facebook posts saying that must not delay the State since all their
evidence was there.
He argued that the continued postponement was deliberate to
disturb Sikhala’s work as a lawyer as well as MP.
Mambanje allowed for the postponement of the matter, but
ordered the State to avail a burial order to justify the postponement. Newsday
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