Edith Mandiyanike from Fidelity Printers testified that she
received an email from Huggins Duri, former executive secretary for the Council
for Legal Education, listing the names of students whose certificates were to
be printed, including Kombo and Kasi.
The State sought to tender the email extract for the second
time.
But the trio’s lawyers objected, arguing that it would be a
miscarriage of justice and that the State had a duty to prove the email’s
authenticity before it was accepted as an exhibit.
The presiding magistrate will make a ruling on Thursday,
with the trial resuming on March 4.
“I received an email with a list of students whose
certificates were to be printed and Kombo and Kasi’s names were there.
“The email was instructing me to print the certificates of
the students on the list which I did,” said Mandiyanike.
Asked by prosecutor Anesu Chirenje whether there was any
other form of communication besides the email, Mandiyanike said:
“All communications were done through email and we would
call them afterwards that the certificates were ready for collection.”
Chirenje then applied to tender the email extract for the
second time, but Kombo and Kasi’s lawyers objected.
“We are objecting to the document that the State wants to
utilise in this matter through this witness.
“The court has pronounced itself with regards to the
production of that document and it’s very disturbing that probably the State
believes that they are cousins of the court and whatever they say must be
accepted as the gospel truth.
“The document wasn’t provided to the accused persons on the
commencement of the trial.
“The State seeks to allege that they served us in the early
days of this matter, however, this document wasn’t there.
“Chirenje wrote a letter last week to us on February 13
attaching this letter alleging that it was part of a statement relating to
Edith Mandiyanike and we were served with the statement which had an annexure
which is not this email.
“He’s attempting to smuggle the email into the record, but
it’s not fair to the accused persons because we have already prepared their
defence outline and cross examined witnesses without the benefit of the said
email,” said the lawyers. H Metro
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