Judgment reserved in Mhlanga bail hearing

Source: The Herald – Breaking news.

Fidelis Munyoro, Chief Court Reporter

JUDGMENT has been reserved in the case of Alpha Media Holdings (AMH) senior reporter Blessed Mhlanga, who faces allegations of transmitting messages to incite public violence.

This decision follows the conclusion of arguments presented by both the defence and the prosecution before Harare High Court judge, Justice Gibson Mandaza yesterday.

Mhlanga approached the High Court seeking bail after the magistrates’ court denied his application, citing concerns over the risk of witness interference.

During the proceedings, Justice Mandaza dismissed the defence’s attempt to introduce electronic evidence, which had been argued as critical to Mhlanga’s bail application.

The court ruled that admitting such evidence at this stage would amount to pre-trial conduct, affirming that it is only admissible during the trial itself.

Mhlanga, represented by his lawyer Mr Chris Mhike, argued that he is a suitable candidate for bail and maintains a plausible defence to the charges.

Mr Mhike insisted that Mhlanga had no involvement in the alleged transmission of a video recorded at a press conference held by war veteran Blessed Geza.

“The accused has presented a logical and plausible defence,” Mr Mhike told the court. “He was not present at the press conference, nor did he transmit any of the recorded content. The ownership of the video is attributed to HSTV on YouTube, and my client is not connected to HSTV in any way.”

Mr Mhike further argued that the State’s case rests on a false premise that Mhlanga is HSTV, the broadcaster of the content.

“The State alleges that the transmission of the video is an uncontested fact, but it fails to establish who actually transmitted it. There is no evidence linking my client to the act of broadcasting or transmitting the video.”

The defence contended that the State did not allege or provide evidence showing Mhlanga operating a computer or otherwise transmitting the video in question.

The lawyer emphasised that the quoted words, allegedly inciting violence, were uttered by Geza, not Mhlanga.

“There is no logical connection between my client and the statements attributed to the video. The arrest was baseless, and the State has failed to demonstrate a compelling case against him.”

Mr Mhike also criticised the magistrates’ court for denying bail on grounds that the offence posed a threat to public peace and security, arguing that the alleged crime is not a scheduled offence under the law.

He pointed to what he termed errors in the magistrate’s reasoning, including the failure to consider Mhlanga’s co-operation with law enforcement.

Appearing for the State, Mr Fungai Nyahunzvi indicated that the prosecution stands by its written submissions and offered no additional arguments.

Justice Mandaza reserved judgment, leaving the matter pending further deliberation.