During re-examination by the State, Engineer Tapera
Christopher Kazembe said on the day the CCC activists claimed to have been
abducted, there were no records of calls from a location outside Harare.
He added that there was user usage on the cellphones
considering the volumes of data that was recorded on call date records.
“On the documents which you prepared, was there evidence
that from 2pm and 10pm, the cellphones never left Harare or the urban area?”
asked prosecutor Mr Michael Reza.
Eng Kazembe replied: “On the call records, from time of 2pm
up to 10pm on the 13th of May, there is no record of call made out of area of
Harare. The mobile phones did not leave Harare.”
The State yesterday accused Mamombe and Chimbiri’s lawyers
of misleading the court and not acting in good faith during the ongoing trial.
This came out as the State applied for the recalling of its
witness, Eng Kazembe, so that he can tender some documents related to the
matter as exhibits. The State failed to tender the documents after Mamombe and
Chimbiri’s lawyers, Mr Alec Muchadehama and Mr Jeremiah Bamu, objected arguing
that Mr Reza had used the wrong procedure.
Chief Magistrate Mrs Faith Mushure upheld the objection for
want of procedure and ruled that the State re-examine its witness.
The court’s ruling prompted Mr Reza to apply for recalling
of the witness, arguing that he had initially made the same request on March
16, but only stopped after Mr Muchadehama indicated that he wanted some in
colour not black and white.
“The State applies to recall the witness for purposes of
admitting into record evidence he prepared. There will be no prejudice to the
defence since documents were given to the defence well before proceedings
commenced.
“There was only one person who knew of that ruling you made
and it was court. I conceded in this court that I gave them black and white
copies and I was also using black and white copies.
“On March 16, my brother made an application in this court
saying he needed the photographs to be in colour and he said he would
cross-examine on them when he had an opportunity to see the pictures in
colour,” he said.
Mr Reza said after the court allowed that Mr Muchadehama be
furnished with coloured copies of the documents, he later approached him saying
he failed to get an opportunity to peruse them.
“On the next date Mr Muchadehama came to me and said they
had not had an opportunity to see the photographs because they had gone
somewhere else in connection with this case and I believed them.
“It is in the interest of justice that Eng Kazembe be
recalled. They were not acting in good faith when they asked for time to go
through coloured copies, in fact, they misled the court. That is not justice,”
he said.
Mr Reza said the record of proceedings will show that he
had made an application to tender the copies before Mr Muchadehama requested
them in coloured print.
“My understanding was that we are all officers of court and
men of honour. We don’t indicate left and turn right. This application is made
in the interest of justice. The witness is the author and creator of documents
and can only be produced through him,” he said.
Mr Muchadehama indicated that he will respond to the
State’s application in writing on Monday before the court makes a ruling on
March 31.
Mamombe and Chimbiri are expected to be back in court on
March 31 when chief magistrate Mrs Mushure makes a ruling on the State’s
application to recall its witness. Herald
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