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Chamisa's lawyer fails in his bid to be removed from remand

by Staff reporter
18 Aug 2020 at 20:56hrs | Views
A Harare magistrate dismissed the application of prominent Harare-based lawyer advocate Thabani Mpofu which sought the revocation of further placement on remand.

Mpofu confirmed the developments on Twitter.

Said Mpofu, "Chief Magistrate Mutevedzi has dismissed my application for revocation of remand, on the technical basis that the application should have preceded the bail application. As a result, the court did not consider the merits of the matter."

One commentator reminded Mpofu that the other time the Supreme Court postponed a matter sine die because he had filed heads of arguments from the failed High Court case in the Supreme Court appeal.

Mpofu had argued, through his lawyer Beatrice Mtetwa, that the facts relied upon by the State did not constitute a reasonable suspicion that the alleged offences were committed.

Mpofu is facing charges of corruptly concealing a transaction from a principal and two counts of defeating or obstructing the course of justice with alternative charges of fraud and perjury.

Through his lawyer, Ms Beatrice Mtetwa, Mpofu recently made an application for revocation of his placement on remand on the basis that the facts relied upon by the State did not constitute a reasonable suspicion that the alleged offences were committed.

In response, prosecutor Mr Michael Reza, with the assistance of Mr Lovet Masuku, opposed the application for lack of merit adding that the issues raised by Mpofu were triable.

He said it was improper for Mpofu to prejudge the State's case by calling it an "unjustified" prosecution before hearing the full facts. Mpofu yesterday appeared in court before magistrate, Mr Munamato Mutevedzi, who remanded him to July 23 for ruling.

He is presently out on bail.

Meanwhile, the "fictitious man," Simbarashe Zuze, behind the arrest of Advocate Thabani Mpofu and another lawyer, Tapiwa Makanza recently came out to prove his existence.

Mpofu was arrested in June, charged with "defeating or obstructing the course of justice," and was released on a ZWL$20 000 bail.

He has since June 2 this year been on remand out of custody and is scheduled to return to court on 21 August 2020 at 9.00 am for his trial.

Mpofu who became more popular in 2018 after representing Nelson Chamisa who was challenging the outcome of the Presidential election which he said had been manipulated in favour of President Emmerson Mnangagwa.

Source - online