News / National
Tsvangirai's ally makes fresh bail application
27 Sep 2013 at 05:04hrs | Views
The lawyer representing MDC-T deputy national chairman Morgan Komichi, accused of breaching the country's electoral laws, yesterday hinted that he was likely to make a fresh bail application for the fifth time today.
Mr Alec Muchadehama said this after the State, led by Mr Michael Mugabe, had sought for a two-week break on the basis that the third witness who is testifying will not be available from October 1 to 5.
Mr Mugabe further submitted that he will also not be available the following week.
"Your Worship, on Monday September 23, I indicated to my colleague (Mr Muchadehama) that the third witness will not be available from 1 October to 5 October.
"I also indicated to him that the following week I will not be available therefore the defence should wind up its cross-examination tomorrow (today) so that the witness can be released and state can proceed to call the next witness," he said. Mr Muchadehama did not agree with the State's request, arguing the break would affect his client and hinted that he would apply for bail.
"Your Worship, if the matter is to take a two-week break, it means the accused will make another bail application because it is not his fault. Therefore the court will have to deal with the bail issue before the break since bail matters are treated with urgency," he said. Magistrate Mr Tendai Mahwe, however, had no kind words for both the State and the defence counsel.
He said there is no visible progress in the matter, adding that it was not necessary for the State to call 12 witnesses who will give the same evidence.
"There is need to put finality to these proceedings. Despite rolling over the matter on a daily basis, no real progress has been made.
"State indicated that it will call 12 witnesses so far three witnesses have testified and their evidence is just the same. If witnesses say the same thing then only two would be enough.
"To the defence, there is too much repetition in cross-examination.
'There is need to emphasise on relevance. It seems like we are dealing with the issue of election petition yet this is a criminal court which needs to establish facts. This advice will assist both State and defence," he said.
The matter was rolled over to today.
Since his arrest in July, Komichi unsuccessfully sought bail at both the magistrates' courts and High Court. Mr Mahwe dismissed his fourth bail bid on Tuesday on the basis that the prosecution has a strong case against Komichi. Mr Mahwe also noted the prosecution has already led evidence from three witnesses, evidence which is likely to induce Komichi to abscond if released on bail.
Komichi was arrested for contravening the Electoral Act, which makes it a criminal offence for an unauthorised person to possess ballot papers or to tamper with them. He has been in custody since July 29.
Mr Alec Muchadehama said this after the State, led by Mr Michael Mugabe, had sought for a two-week break on the basis that the third witness who is testifying will not be available from October 1 to 5.
Mr Mugabe further submitted that he will also not be available the following week.
"Your Worship, on Monday September 23, I indicated to my colleague (Mr Muchadehama) that the third witness will not be available from 1 October to 5 October.
"I also indicated to him that the following week I will not be available therefore the defence should wind up its cross-examination tomorrow (today) so that the witness can be released and state can proceed to call the next witness," he said. Mr Muchadehama did not agree with the State's request, arguing the break would affect his client and hinted that he would apply for bail.
"Your Worship, if the matter is to take a two-week break, it means the accused will make another bail application because it is not his fault. Therefore the court will have to deal with the bail issue before the break since bail matters are treated with urgency," he said. Magistrate Mr Tendai Mahwe, however, had no kind words for both the State and the defence counsel.
He said there is no visible progress in the matter, adding that it was not necessary for the State to call 12 witnesses who will give the same evidence.
"There is need to put finality to these proceedings. Despite rolling over the matter on a daily basis, no real progress has been made.
"State indicated that it will call 12 witnesses so far three witnesses have testified and their evidence is just the same. If witnesses say the same thing then only two would be enough.
"To the defence, there is too much repetition in cross-examination.
'There is need to emphasise on relevance. It seems like we are dealing with the issue of election petition yet this is a criminal court which needs to establish facts. This advice will assist both State and defence," he said.
The matter was rolled over to today.
Since his arrest in July, Komichi unsuccessfully sought bail at both the magistrates' courts and High Court. Mr Mahwe dismissed his fourth bail bid on Tuesday on the basis that the prosecution has a strong case against Komichi. Mr Mahwe also noted the prosecution has already led evidence from three witnesses, evidence which is likely to induce Komichi to abscond if released on bail.
Komichi was arrested for contravening the Electoral Act, which makes it a criminal offence for an unauthorised person to possess ballot papers or to tamper with them. He has been in custody since July 29.
Source - herald
