The Herald reports that the
prosecutor wants to produce a forensic report from the Criminal
Investigation Department’s Cyber Laboratory on the matter.
“In any criminal proceedings, evidence generated from a
computer system or by means of information and communications technologies or
electronic communications system shall be admissible in court. “This section
was amended through the Criminal Procedure and Evidence Act, which specifically
deals with criminal trials, hence it is applicable in this case because these
are criminal proceedings whose procedures are governed by the Act.”
But the defence team led by Mr Simbarashe Prince Ganye
challenged the admissibility of the report, arguing the information, which the
prosecution sought to rely on, was not obtained in terms of the provisions of
the contemplated law.
He said the information was obtained manually, hence the
objection to the report being admitted in court as evidence. “The information
was not generated by means prescribed in the Act. The manner in which the
evidence was obtained in this case is questionable.”
After hearing submissions by both parties’ legal counsel,
Justice Pisirayi Kwenda adjourned the proceedings to make a ruling on the
admissibility of the disputed forensic report.
When the court resumed sitting yesterday, Justice Kwenda
overruled the defence objections, paving way for prosecution to produce the
report on the messages between Bonongwe and Gandi as an exhibit.
Bonongwe is fingered as the mastermind of the robbery that
saw his accomplices stealing over US$30 000 worth of property and cash from a
Bindura home after a brutal attack of the occupants. Bonongwe is jointly
charged with Musa Gandi, Agnes Kunaka, Tafadzwa Chipashu, Justin James and
Terrence Musingwini. They all denied the robbery charge when their trial began
before Justice Pisirayi Kwenda, who was sitting with two assessors.
In his defence, Bonongwe denied hatching a plan to rob
Engineer Emson Chitsungo with Tinotenda Bhunu and Ethan Chitsungo as alleged by
the State.
He claimed that he was being victimised for allegedly
making a police report against Wisdom Kundishora for corruption involving Pfura
Rural District Council stands.
His co-defendants, who are also legally represented, denied
the charge.
0 comments:
Post a Comment