via Komichi ruling date set | The Herald November 2, 2013
MDC–T chief elections agent Morgen Komichi, who is facing charges of fraud and contravening the country’s electoral laws, yesterday failed to bring his witness to court resulting in judgment in his case being set for November 7. Komichi, through his lawyer Mr Alec Muchadehama had communicated their intention to call a witness whom they said was currently out of Zimbabwe.
Mr Muchadehama told the court that he received instruction from Komichi that the only point he wanted to call his witness for was to confirm the existence of Michael Phiri.
“So far from what is on record Komichi can argue that Phiri indeed exists. To that end he has no witness to call and we are closing the defence case,” he said.
Magistrate Mr Tendai Mabwe ruled that the State would submit their closing submissions on November 5 and the defence counsel would do likewise on November 6. Mr Mabwe would make his ruling on November 7.
It is the court’s evidence that when Komichi approached ZEC with an open envelope containing ballot papers he alleged Phiri had received them from an unnamed person who picked them from a dustbin at the Harare International Conference Centre.