Government lawyer deliberately sabotaged the state?

The Zimbabwe Republic Police say they are baffled as to why the state counsel, Mr Happy Magadure, did not submit all the relevant affidavits that the police had furnished him within the case regarding why the police banned the holding of demonstrations in Harare's CBD.

In a statement, the ZRP national spokesperson, Senior Assistant Commissioner Charity Charamba said they provided affidavits to Mr Magadure from Chief Superintendent Newbert Saunyama and Nhamo Mbeure a manager at Choppies Supermarket which was looted.

Affidavits were also provided from Alexio Mudzengerere chairman of Grassroots Flea Markets where goods were burnt, Bhuabhai Bhagai owner of Nargaji shop which was destroyed and goods worth $76 000 looted and a police officer who was driving a ford ranger which was burnt.

Police say the attorney general's office is in the best position to explain why the affidavits provided were not filed in court.

They say Mr Magadure indicated to their legal officer that he was going to file only the affidavit from Chief Superintendent Saunyama without stating the reason.

However, this affidavit was not part of the court record, an issue queried by the judge.

Analysts have also questioned whether the government lawyer did not deliberately sabotage the state which resulted in the outcome of the case turning against the government.

The reaction by the ZRP follows yesterday's ruling by High Court judge, Justice Priscilla Chigumba that Statutory Instrument 101- A was not procedurally proclaimed.