Source: Court dismisses Chibaya’s application | The Herald 26 FEB, 2020
Prosper Dembedza Court Correspondent
Harare magistrate Mrs Gloria Takundwa yesterday dismissed an application for exception by MDC-Alliance national organising secretary and Member of Parliament for Mkoba Amos Chibaya and his deputy Sibusisiwe Bhuda Masara who are facing allegations of failing to stop their supporters from demonstrating last year.
Mrs Takundwa ordered that the trial should continue.
Prosecutor Mrs Mercy Ndingadini immediately sought postponement of the matter citing that her first and second witnesses were not available.
The first witness Elias Chivandire allegedly had a breakdown on his way to court from Kadoma. Mrs Ndingadini told the court that her second witness Billa Simbachako was unreachable on her mobile phone.
“The State therefore, will not proceed to trial today since all the witnesses are not available,” she said.
Chibaya’s lawyer Mr Obey Shava opposed the application by the State arguing that the two witnesses knew that they were supposed to attend court, but deliberately chose not to come.
“We urge the court to consider the interests of the accused persons. I see no basis why a postponement should be granted,” he said.
Mrs Takundwa however, ruled in the State’s favour and postponed the matter to March 11.
“Given that the two witnesses were coming to court every time, I will give the State the last chance to put its house in order,” she said.
Mrs Takundwa ruled that there will be no further remand if the witnesses fail to appear in court on March 11.