News / National
Tsvangirai's aide Mpofu to know fate
29 Apr 2013 at 04:44hrs | Views
The director of research in the Prime Minister Morgan Tsvangirai's office, Thabani Mpofu, accused of flouting the country's firearms law, will know his fate on May 8 when a Harare magistrate is expected to rule on his application for discharge at the close of the State's case.
Mpofu, who is accused of failing to renew a firearm certificate and keeping a firearm in a non-secure place, is appearing before Ms Anita Tshuma.
After calling five witnesses all of them police officers, prosecutor Mr Jonathan Murombedzi closed the State's case.
Defence lawyers Mr Chris Mhike and Mr Alec Muchadehama notified the court of their intention to apply for discharge of their client for want of prosecution.
Mr Mhike yesterday said, "We are in the process of making an application for discharge at the close of the State's case."
The application will be filed in the next few days.
On May 8, 2013 and the magistrate will deliver her ruling on the matter.
Allegations against Mpofu arose when detectives received information that Mpofu and his colleagues were in possession of dockets they were privately compiling in a bid to discredit the judicial system.
It is alleged that during the search at his premises, detectives confiscated a firearm that was hidden under a pile of clothes in the house.
When police asked to see a certificate for the weapon, Mpofu allegedly failed to produce the required documentation leading to his arrest.
Mpofu, earlier this month had his application for referral to the Supreme Court rejected by the same magistrate who ruled it frivolous and vexatious.
The magistrate then directed that the matter proceed to trial.
Mpofu had raised constitutional issues.
He claimed the issues could only be dealt with at the apex court.
After the dismissal of the application, the defence unsuccessfully made two other applications.
They applied for the prosecutor Mr Murombedzi who is appearing for the State to recuse himself arguing he was an interested party.
They also made an application for stay of proceedings pending lodging and determination of an application for review at the High court.
In dismissing the applications, Ms Tshuma said there were no prospects of success.
Ms Tshuma also added that it was unlikely that another court might come up with a different decision.
She said the application to have Mr Murombedzi recuse himself was unreasonable.
She said that it was his duty was to put the charges to the accused person and that the court would make a determination.
Mpofu, who is accused of failing to renew a firearm certificate and keeping a firearm in a non-secure place, is appearing before Ms Anita Tshuma.
After calling five witnesses all of them police officers, prosecutor Mr Jonathan Murombedzi closed the State's case.
Defence lawyers Mr Chris Mhike and Mr Alec Muchadehama notified the court of their intention to apply for discharge of their client for want of prosecution.
Mr Mhike yesterday said, "We are in the process of making an application for discharge at the close of the State's case."
The application will be filed in the next few days.
On May 8, 2013 and the magistrate will deliver her ruling on the matter.
Allegations against Mpofu arose when detectives received information that Mpofu and his colleagues were in possession of dockets they were privately compiling in a bid to discredit the judicial system.
It is alleged that during the search at his premises, detectives confiscated a firearm that was hidden under a pile of clothes in the house.
When police asked to see a certificate for the weapon, Mpofu allegedly failed to produce the required documentation leading to his arrest.
The magistrate then directed that the matter proceed to trial.
Mpofu had raised constitutional issues.
He claimed the issues could only be dealt with at the apex court.
After the dismissal of the application, the defence unsuccessfully made two other applications.
They applied for the prosecutor Mr Murombedzi who is appearing for the State to recuse himself arguing he was an interested party.
They also made an application for stay of proceedings pending lodging and determination of an application for review at the High court.
In dismissing the applications, Ms Tshuma said there were no prospects of success.
Ms Tshuma also added that it was unlikely that another court might come up with a different decision.
She said the application to have Mr Murombedzi recuse himself was unreasonable.
She said that it was his duty was to put the charges to the accused person and that the court would make a determination.
Source - TH
