FORMER President Mugabe’s son-in-law and an alleged accomplice were back in court yesterday where the presiding magistrate dismissed their informal application to stay proceedings pending finalisation of the application for review at the High Court.
Aggrieved Simbarashe Mutsahuni, alias Chikore, and his alleged accomplice Simbarashe Mutimbe approached the High Court after Harare magistrate Victoria Mashamba dismissed their application for discharge.
Mashamba ruled that the State managed to reasonably prove that an offence was committed, and the two should proceed to the defence case.
Representing the two, Jonathan Samkange applied for the matter to be postponed on the basis that the Prosecutor General has not responded to the points raised in the review.
“Prosecutor General notified me that he is unable to give a meaningful analysis of the evidence given as he still to receive the record of proceedings, today the record is expected to be sent to the High Court.
Upon receipt of the application for review, the clerk of court must forthwith forward the record to the Registrar of the High Court, and the High Court is in contempt of the rules of the High Court,” said Samkange.
The second basis of the application was that the second term of the High Court ends on August 6, and if the State had responded on time, the matter could have been heard before that date and as it stands, it will be heard in the third term in September.
Prosecuting George Manokore opposed the application saying it had no basis as there was no order barring the court from proceeding with the trial.
Magistrate Mashamba dismissed the application by Samkange, and only granted the postponement because he gave proof that he had engagements at the High Court yesterday.
“It is important for the court to highlight that review doesn’t necessarily mean that proceedings at the lower court should stop especially because there’s no order of stay of proceedings. On the next date the court will continue with the defence case,” said Mashamba.
The matter was deferred to June 30. Chikore is accused of unlawfully detaining his employee Bertha Zakeyo at the Zimbabwe Airways premises in Chishawasha.