Blessed Mhlanga trial stalls

The trial of Alpha Media Holdings (AMH) journalist Blessed Mhlanga and Heart & Soul TV (HStv) failed to kick off at the Harare Magistrates Court yesterday after the State made a last-minute bid to consolidate the two separate cases.

Prosecutor Anesu Chirenje informed provincial magistrate Learnmore Mapiye that the State sought to merge the charges against Mhlanga and HStv, arguing that the evidence in both cases substantially overlapped.

"I would like to make an application for Mhlanga and HStv's files to be married as one," said Chirenje, proposing that the journalist be treated as the first accused and the broadcasting station as the second.

He added that the State was trial-ready, having submitted the charge sheet, State outline, and a video exhibit already filed with the clerk of court. Documentary exhibits, he said, would be served on the accused the same day.

However, the defence teams pushed back strongly against the proposed consolidation, accusing the prosecution of using delay tactics and legal inconsistency.

Mhlanga's lawyer, Chris Mhike, objected to the joint trial, reminding the court that the State had previously rejected a defence request to charge HStv during Mhlanga's bail hearing.

"The State initially refused to charge HStv in our pursuit for bail," Mhike argued. "Now, on the day the trial was due to begin, it wants to merge the cases. If the State cannot proceed today, then my client should be removed from remand as previously promised."

Beatrice Mtetwa, representing HStv, echoed Mhike's sentiments and demanded that Mhlanga's trial proceed as originally scheduled. She also revealed that HStv was preparing to launch a constitutional challenge and seeking direct access to the Constitutional Court.

"There is no legal provision forcing two parties to be jointly tried if they do not consent," Mtetwa said. "Forcing a ‘marriage' between the two cases would prejudice our clients."

The magistrate is expected to rule today on whether the cases will be consolidated.

Mhlanga and HStv face charges of allegedly transmitting messages that incited violence or property damage, stemming from their coverage of two press briefings by war veteran and former ZANU-PF member Blessed "Bombshell" Geza on January 27 and February 11. During the pressers, Geza called for the ouster of President Emmerson Mnangagwa, which the State claims could have incited unrest.

The prosecution alleges that by broadcasting the events via HStv and YouTube, Mhlanga violated the law.

If convicted, Mhlanga could face up to five years in prison or a fine of up to US$700.

Meanwhile, international media rights group Reporters Without Borders (RSF) has condemned the charges, calling for their immediate dismissal.

"The opening of Blessed Mhlanga's trial is a crucial step in a case that threatens Zimbabwe's press freedom," said RSF in a statement. RSF Sub-Saharan Africa Director Sadibou Marong added: "RSF calls on the Zimbabwean judicial authorities to drop all charges against his employer, HStv, and release the journalist, who should never have been arrested for simply doing his job."

The case has become a flashpoint in ongoing debates over press freedom and media rights in Zimbabwe.