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Blessed Mhlanga's bail hearing adjourned indefinitely
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High Court judge Justice Gibson Mandaza has indefinitely adjourned the bail hearing for Heart & Soul Television (HSTV) senior journalist Blessed Mhlanga to review an application for the use of video evidence in the case.
Mhlanga, who was arrested two weeks ago on charges of inciting violence, remains in custody as the court considers his lawyer's request for electronic and video recordings that form the basis of the State's case against him. Justice Mandaza said a new date for the bail hearing would be announced after assessing the defence's submission.
Representing Mhlanga, lawyer Chris Mhike told the court on Wednesday that video evidence would help ensure a fair trial, arguing that there were discrepancies between the alleged remarks attributed to his client and the request for remand form.
"I tried to engage the State before commencing the court, but he was not interested in allowing the appellant to challenge the evidence," Mhike said.
"We can have an adjournment to midday to allow the State to avail this evidence. This is important because the State presented the accused with quotes of words that have been allegedly transmitted, which are completely different from the words on the request for remand case."
Mhike further criticized the prosecution for withholding a warned and cautioned statement, which he argued could be crucial for Mhlanga's defense.
However, the State argued that the defence should have requested the video evidence at the magistrates' court, where Mhlanga initially appeared.
In response, Mhike dismissed the State's assertion, pointing out that he had already raised the issue at the lower court but was met with resistance from Magistrate Farai Gwitima. He referred Justice Mandaza to court transcripts as proof.
"It is not true that the issue of evidence arrived for the first time in these proceedings," Mhike said.
"We did point to the issue of electronic and video graphic evidence at the lower court and we did attack the credibility of that evidence. So it is a continuation of the request from what we did at the lower court.
Mhlanga, who was arrested two weeks ago on charges of inciting violence, remains in custody as the court considers his lawyer's request for electronic and video recordings that form the basis of the State's case against him. Justice Mandaza said a new date for the bail hearing would be announced after assessing the defence's submission.
Representing Mhlanga, lawyer Chris Mhike told the court on Wednesday that video evidence would help ensure a fair trial, arguing that there were discrepancies between the alleged remarks attributed to his client and the request for remand form.
"I tried to engage the State before commencing the court, but he was not interested in allowing the appellant to challenge the evidence," Mhike said.
"We can have an adjournment to midday to allow the State to avail this evidence. This is important because the State presented the accused with quotes of words that have been allegedly transmitted, which are completely different from the words on the request for remand case."
Mhike further criticized the prosecution for withholding a warned and cautioned statement, which he argued could be crucial for Mhlanga's defense.
However, the State argued that the defence should have requested the video evidence at the magistrates' court, where Mhlanga initially appeared.
In response, Mhike dismissed the State's assertion, pointing out that he had already raised the issue at the lower court but was met with resistance from Magistrate Farai Gwitima. He referred Justice Mandaza to court transcripts as proof.
"It is not true that the issue of evidence arrived for the first time in these proceedings," Mhike said.
"We did point to the issue of electronic and video graphic evidence at the lower court and we did attack the credibility of that evidence. So it is a continuation of the request from what we did at the lower court.
Source - newsday
