via NPA wants Beatrice Mtetwa convicted – DailyNews Live Kumbirai Mafunda 4 MAY 2014
The National Prosecuting Authority (NPA) has launched a fresh onslaught against feisty human rights lawyer Beatrice Mtetwa by appealing against her acquittal on charges of defeating or obstructing the course of justice.
Mtetwa, who was arrested in March last year and charged with contravening Section 184 (1) (g) of the Criminal Law (Codification and Reform) Act Chapter 9:23 for allegedly interfering with a search conducted by the police at the residence of one of former prime minister Morgan Tsvangirai’s aides and at the former Premier’s offices in Harare, was acquitted by Harare provincial magistrate Rumbidzai Mugwagwa in November at the close of the State case.
In setting free Mtetwa, Mugwagwa ruled that the NPA had failed to establish a prima facie case against the award-winning and prominent human rights lawyer.
But prosecutor-general Johannes Tomana, who heads the NPA, on Friday filed an application in the High Court seeking leave to appeal against the discharge of Mtetwa, who is the board chairperson of Zimbabwe Lawyers for Human Rights (ZLHR).
In the application, Tozivepi Mapfuwa of the NPA, who is representing Tomana, argued that Mugwagwa erred and misdirected herself when she granted the application for discharge filed by Mtetwa at the close of the State case in November as the State had adduced evidence which established a prima facie case against the human rights lawyer of hindering or disturbing police officers in the execution of their duties.
Mapfuwa charged that Mugwagwa erred and misdirected herself in failing to observe that the utterances allegedly made by Mtetwa were meant to disturb or hinder police officers in the execution of their duties.
The State claims Mtetwa said to the arresting officers: “Stop whatever you are doing, it’s unconstitutional, illegal and undemocratic. You confused cockroaches.” It also alleges that she further said: “Murimbwa dzaMugabe”, which the police translated to mean “You are Mugabe’s dogs.”
Tomana’s representative also claimed that Mugwagwa had erred and misdirected herself by failing to observe that the evidence of the first three state witnesses, who testified during the trial namely Luckson Mukazhi, Wilfred Chibage and Ngatirwe Mamiza, who are all police officers, materially corroborated each other on the aspect that the ZLHR board chairperson allegedly closed the gate at a residence in Westgate suburb in a bid to prevent Chibage from leaving the premises with some exhibits which he had reportedly recovered.
Mapfuwa argued that there are prospects of success on appeal.
At the time of the acquittal, ZLHR criticised the NPA for persecuting the human rights lawyer who has defended several journalists and other human rights defenders targeted by the State.
COMMENTS
So the government is broke but they’ll indist on wasting taxpayers valuable dollars on something as obscene as this, what a disgrace.
There is little doubt she should be convicted.
She hides behimd the disguise of a humasn rightyds lawyer but as a local lawyer she is required to promote the law.
She is a activist who indirectly claims as a lawyer she dosent have to obey the law.
If she is a ;lawyer then she should have the ability to challenge a law in the constitutional court.
You cannot demonstrate against a law as a lawyer as you contravene the legal practitioners act which is also a criminal offence.
She tries to intimidate magistrates with her self awarded title of human rights lswyer which is a joke – are not all criminals human rights activists, what a stupid defense?
Most right thinking people are against her conviction in that it is a waste of public funds.
If she demonstrates as a foreign national against our government she infringes her residence permit as well as the legal practitioners act of zimbabwe.
The cheap way is simply to deport her and let her try and disrupt Swazi.
There jhave been many complaints to the Ministry of Justice about her and to surrounding countries law societies including the law society of England and wales- thus she indirectly has destroyed the repute of all local legal practitioners.
Mal- contents and activists think she is some kind of hero because she is uncontrollable.
and brings down the law in Zimbabwe all thieves and crooks enjoy her.
She needs to be successfully prosecuted and brought under control until she behave in a civilized manner.
What exactly are you trying to say ‘apolitical’? I can see how you dislike her and what she represents. But what exactly are you trying to say . Throwing some heresays misinterpreted facts and making yourself a self appointed judge “there is little doubt she should be convicted” on a case whose facts are vague to say the least , does not do your reputation any good …
She represents criminals and yes, I don’t like criminals, and she represents what is wrong about the law until the law society deals with her, we the public have no avenue of complaint ad a criminal representing you is not the answer.
IF you support her you support crime and destroy your reputation, there has to be one law for everyone.
Apolitical are you one of these little men who cannot stand having a strong women in the room? BEATRICE MTETWA is a giant who will always have the admiration and love of every single individual who has ever been abused by you and your lot…You use the word CIVILISED as if you know what it means – you are clueless as to what it means – you are an ignorant brute.
BEATRICE FOR PRESIDENT…..BEATRICE FOR PRESIDENT!
@Gomogranny-Thankfully granny I do know what civilized means, thus I can help you on the right track.
This is not a strong woman but rather a silly mal content who thinks she is above the law.
No one wants to abuse anyone we just want justice and to see her locked up or deported.
Unless that happens there will be no justice.
Like her you are stupid and just know how to throw insults having no knowledge of the law.
1 Does she promote the law – no, a criminal offence in terms of the legal practitioners act.(A years imprisonment and/or a fine)
2. Has she and is she against the establishment/ police etc. – yes, she has contravened the terms of her residents permit(declared a prohibited immigrant and deported by to Swaziland, who presumable will not welcome her problems.)
Now someone explain how she can possibly be innocent POSA is the law she contravened it some time ago – if she was a lawyer she could challenge laws in the constitutional court but calling police names because she doesn’t understand the law as a so called lawyer should get her a ticket to jail.
Can anyone say which one of the laws she has not broken.
Those idiots and crooks who think she is a hero because she calls people names and rejects our laws should try and live in her type of country without laws. When we became civilized we made laws to protect the majority from people like her.
Apolitical – please take an IQ test. (Oh, “with all due respect”)
THIS FAKE, FEEBLY NPA!
What a joke ,they want to prosecute a human rights lawyer instead of going after the corrupt looters.Just another example of Zimbabwe’s totally wrong priorities.
Justice in Zimbabwe is non-existent.
Tomhanya naTOMANA the ZPF convert
You are confused cockroaches , marimbwa dzaMugabe,. She is being prosecuted for saying the truth.
Reminds me of the biblical story, ‘Who do you want us to prosecute, Barabas the murderer [Zanu’s corrupt mafiosos] or Jesus [Mtetwa human rights lawyer]. And all of Zanu said Jesus ! Jesus! Jesus! And the prophet Makandiwa agreed with Zanu.
Yep Yep they are afriad the truth will come out so they are trying to keep her quiet
Vindictive prosecution! Tomana should prosecute CEOs who are haemorrhaging tax payers money through exorbitant salaries than pursue a human rights lawyer doing her job.
Jus to remind people: the late Stan Mudenge once said at Gokomere, “tiri kufidha mbwa dzedu kuHarare uko, kana mukasativhotera munopera kurumwa”. Now, Imbwa dzaireva ndivanani? (We are feeding our dogs in Harare. If you do not vote for us you will all be mauled).
Why don’t you prosecute our lawyer Robert who has done everything unlawful.
@ike-Don’t know your lawyer Robert personally, if you have any evidence then report him to the law society. If you don’t have any solid evidence then it would be criminal defamation and you should be locked away.