Published: 25 June 2019

PROSECUTORS "erroneously" referred activist cleric Evan Mawarire and Zimbabwe Congress of Trade Union (ZCTU) treason case to the regional court for trial, a court heard yesterday.

Mawarire and ZCTU leader Peter Mutasa are accused of plotting to topple a constitutionally elected government after they recorded video urging members of the public to engage in stay away in January.

On their last court appearance, prosecutor Sébastian Mutizirwa said the State was ready to try Mawarire and Mutizirwa and set June 24 and 25 as trial dates.

However, when they appeared at the regional Court, the State led by Ephraim Zinyandu sought a further postponement to "sometime in August" pending finalisation of the duo's indictment to the High Court.

"This matter was erroneously remanded to the regional court for trial today (yesterday) yet cases of this nature are heard at the High Court."

"The court may refer the matter back to remand court while they await indictment," Zinyandu said.

Through their lawyers Tonderayi Bhatasara and Alec Muchadehama, Mawarire and Mutasa opposed application for a postponement.

Bhatasara said when the two appeared on March 19, prosecutors indicated that investigations are complete and docket had been sent to the prosecutor general for perusal, with the court granting a further postponement to April 25.

"On April 25, State gave two days trial...there is no error that occurred. This matter was not recommended to this court for trial and error. The State had two months from April 25 to prepare indictment papers. It is not competent for a matter that has been set down for trial to go back to remand court," he said before applying that they be removed from remand as State failed to reasonably justify another postponement.

"The State was not genuine when it set the matter for trial today...this is a clear demonstration by the courts to oppress the accused person. The State will suffer no prejudice if the accused are remove from remand and proceeds by way of summons," he added.

However, Zinyandu said there was no undue delay in prosecuting the duo which warranted removal from remand.

"It will be premature for the court to remove the accused from remand," Zinyandu said.

Presiding magistrate Jessie Kufa rolled over the matter to today for ruling.
- dailynews

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