News / National
'State infringing Undenge's rights'
25 Apr 2018 at 16:07hrs | Views
THE lawyer representing former Energy and Power Development minister Samuel Undenge has accused the State of infringing on his client's constitutional rights by postponing the accused's trial that was set to kick off yesterday.
Undenge's trial had been set to kick off yesterday before Harare regional magistrate Hosiah Mujaya but the State led by prosecutor Jonathan Murombedzi applied for postponement submitting that its key witness was sick and incapacitated.
"The State makes an application for postponement of trial to May 4 because the key witness in the matter Mr Noah Gwariro is sick.
"May it be placed on record that the witness due to his condition we will request the court to have him appear in court on a wheelchair, or proceedings be done at the car park or at his house because he is in a bad situation?
"The sickness of the witness is an unseen predicament and that should not dictate on which witness to use first," argued Murombedzi.
Gwariro is the managing director at the Zimbabwe Power Company.
Opposing counsel, Alec Muchadehama, accused the State of violating and infringing his client's rights by employing tactics that frustrate the trial process.
"The history of the matter will bear that the accused has always demanded for a trial date. Today's date is not at the State's volition, but the accused demanded it.
"The accused came prepared for trial as the State enabled us to," said Muchadehama.
The lawyer also indicated that the State had not been candid with the court in respect of the witness who they claimed was "ill and incapacitated".
"The State did not have the courtesy of advising the defence that this is the situation. We complain that this delay is a serious violation of the accused's right to a fair trial before an impartial court," added Muchadehama.
Upon the submission by the two parties, magistrate Mujaya postponed the trial to May 15.
Muchadehama also successfully applied for the cancellation of reporting conditions attached to Undenge's bail circumstances, which the magistrate obliged.
Undenge is facing criminal abuse of office charges after he allegedly fraudulently awarded a public relations contract to Fruitful Communications without going to tender, prejudicing the State of $12 650.
Undenge's trial had been set to kick off yesterday before Harare regional magistrate Hosiah Mujaya but the State led by prosecutor Jonathan Murombedzi applied for postponement submitting that its key witness was sick and incapacitated.
"The State makes an application for postponement of trial to May 4 because the key witness in the matter Mr Noah Gwariro is sick.
"May it be placed on record that the witness due to his condition we will request the court to have him appear in court on a wheelchair, or proceedings be done at the car park or at his house because he is in a bad situation?
"The sickness of the witness is an unseen predicament and that should not dictate on which witness to use first," argued Murombedzi.
Gwariro is the managing director at the Zimbabwe Power Company.
Opposing counsel, Alec Muchadehama, accused the State of violating and infringing his client's rights by employing tactics that frustrate the trial process.
"The accused came prepared for trial as the State enabled us to," said Muchadehama.
The lawyer also indicated that the State had not been candid with the court in respect of the witness who they claimed was "ill and incapacitated".
"The State did not have the courtesy of advising the defence that this is the situation. We complain that this delay is a serious violation of the accused's right to a fair trial before an impartial court," added Muchadehama.
Upon the submission by the two parties, magistrate Mujaya postponed the trial to May 15.
Muchadehama also successfully applied for the cancellation of reporting conditions attached to Undenge's bail circumstances, which the magistrate obliged.
Undenge is facing criminal abuse of office charges after he allegedly fraudulently awarded a public relations contract to Fruitful Communications without going to tender, prejudicing the State of $12 650.
Source - hmetro
