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Withheld evidence delays bail application of journalist Blessed Mhlanga
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Journalist Blessed Mhlanga was returned to jail on Wednesday after a Harare High Court judge requested more time to deliver a verdict on a defence application seeking critical evidence used by police to charge him with incitement to commit public violence.
Mhlanga's lawyer, Chris Mhike, had demanded the release of further particulars, including electronic and video recordings that form the basis of the charges against the journalist. Mhike argued that these pieces of evidence are crucial to strengthen their application for bail.
Mhlanga, who was arrested on February 24, is facing accusations from the prosecution that he conducted interviews with a group of war veterans, led by former Zanu PF MP and central committee member Blessed Geza, who has since been expelled from the party. In the interviews, the veterans allegedly called for the immediate resignation of President Emmerson Mnangagwa and threatened to organize mass protests to oust him.
Mhike told the court that the video evidence is essential to clarify discrepancies between the charges listed on the remand forms and what is actually shown in the recordings. He stated that this evidence would also assist the court in determining whether Mhlanga should be granted bail.
"The prosecution has a warned and cautioned statement which they cannot release because of the privilege they have on the docket," Mhike explained. "We believe the video graphic evidence will cure our arguments."
However, prosecutors opposed the request, arguing that the defence should have made the demand for the evidence during Mhlanga's initial court appearance at the Magistrates Court, where his bail application was denied.
Justice Gibson Mandaza, presiding over the case, adjourned the hearing indefinitely to give him time to prepare a ruling on the defence's application. The judge noted that the lawyers would be contacted once his decision is ready, although no communication had been received by the close of business on Wednesday.
Mhlanga remains in custody as the legal battle over the evidence continues.
Mhlanga's lawyer, Chris Mhike, had demanded the release of further particulars, including electronic and video recordings that form the basis of the charges against the journalist. Mhike argued that these pieces of evidence are crucial to strengthen their application for bail.
Mhlanga, who was arrested on February 24, is facing accusations from the prosecution that he conducted interviews with a group of war veterans, led by former Zanu PF MP and central committee member Blessed Geza, who has since been expelled from the party. In the interviews, the veterans allegedly called for the immediate resignation of President Emmerson Mnangagwa and threatened to organize mass protests to oust him.
Mhike told the court that the video evidence is essential to clarify discrepancies between the charges listed on the remand forms and what is actually shown in the recordings. He stated that this evidence would also assist the court in determining whether Mhlanga should be granted bail.
"The prosecution has a warned and cautioned statement which they cannot release because of the privilege they have on the docket," Mhike explained. "We believe the video graphic evidence will cure our arguments."
However, prosecutors opposed the request, arguing that the defence should have made the demand for the evidence during Mhlanga's initial court appearance at the Magistrates Court, where his bail application was denied.
Justice Gibson Mandaza, presiding over the case, adjourned the hearing indefinitely to give him time to prepare a ruling on the defence's application. The judge noted that the lawyers would be contacted once his decision is ready, although no communication had been received by the close of business on Wednesday.
Mhlanga remains in custody as the legal battle over the evidence continues.
Source - zimlive
