News / National
Court throws out Tsvangirai staffer application
18 Apr 2013 at 05:49hrs | Views
THE TRIAL of the research director in Prime Minister Morgan Tsvangirai's office Thabani Mpofu, who is accused of failing to safely secure an unregistered firearm, opened yesterday at the Harare Magistrates Court.
Mpofu had requested, through a court application, to have area public prosecutor Jonathan Murombedzi recuse himself from the case arguing he would not receive a fair trial if Murombedzi prosecuted.
"The matter has been stampeded for trial and other cases being displaced. That raises concerns that it is my learned friend (Murombedzi) who is doing all this and my client feels he cannot get a fair trial," Mpofu's lawyer Aleck Muchadehama said.
"The Attorney-General's Office is not immune to scrutiny or probing and my client was right in whatever he did. My learned friend has not denied that he is mentioned in the docket or that it had been compiled. It is proper that he recuses himself from the matter."
On Tuesday this week, Mpofu through his lawyers Muchadehama and Chris Mhike made an application for referral of the case to the Supreme Court after raising constitutional issues, but Harare magistrate Anita Tshuma dismissed it.
Tshuma dismissed the application as frivolous and vexatious.
Mpofu made another application seeking stay of trial and a review of Tshuma's judgment by the High Court, but his efforts were again thwarted by the magistrate who ruled in favour of the State.
"The court will not stay proceedings pending review by the High Court and it is unlikely that a different court will come up with a different view, as such the application by the defence is dismissed," the magistrate ruled.
Allegations against Mpofu arose when State security agents received information the Premier's aide and his colleagues were in possession of dockets they were privately compiling to discredit the judicial system.
It is alleged that during the search of his premises, detectives confiscated a firearm that was hidden under a pile of clothes in the house.
When police requested a certificate for the weapon, it was discovered that it had expired in 2007 and had not been renewed, leading to his arrest.
Mpofu had requested, through a court application, to have area public prosecutor Jonathan Murombedzi recuse himself from the case arguing he would not receive a fair trial if Murombedzi prosecuted.
"The matter has been stampeded for trial and other cases being displaced. That raises concerns that it is my learned friend (Murombedzi) who is doing all this and my client feels he cannot get a fair trial," Mpofu's lawyer Aleck Muchadehama said.
"The Attorney-General's Office is not immune to scrutiny or probing and my client was right in whatever he did. My learned friend has not denied that he is mentioned in the docket or that it had been compiled. It is proper that he recuses himself from the matter."
On Tuesday this week, Mpofu through his lawyers Muchadehama and Chris Mhike made an application for referral of the case to the Supreme Court after raising constitutional issues, but Harare magistrate Anita Tshuma dismissed it.
Tshuma dismissed the application as frivolous and vexatious.
Mpofu made another application seeking stay of trial and a review of Tshuma's judgment by the High Court, but his efforts were again thwarted by the magistrate who ruled in favour of the State.
"The court will not stay proceedings pending review by the High Court and it is unlikely that a different court will come up with a different view, as such the application by the defence is dismissed," the magistrate ruled.
Allegations against Mpofu arose when State security agents received information the Premier's aide and his colleagues were in possession of dockets they were privately compiling to discredit the judicial system.
It is alleged that during the search of his premises, detectives confiscated a firearm that was hidden under a pile of clothes in the house.
When police requested a certificate for the weapon, it was discovered that it had expired in 2007 and had not been renewed, leading to his arrest.
Source - newsday
