Glen View 29 trial: Lawyers prepare application for acquittal and discharge

By Tichaona Sibanda

HARARE – The defence team representing 29 MDC-T supporters accused of murder, on Tuesday requested a postponement of the case to allow them to complete a document to be used to apply for their clients’ acquittal and discharge. 

Lawyer Gift Mtisi said they had underestimated the amount of work needed for the combined application after the state closed its case last month.

At the close of the state case the defence team had said they would begin oral submissions for discharge on Tuesday, but the amount of work involved meant the team failed to meet its target.

‘We have to compile the document based on an individual’s circumstances. Remember some of our clients were in Glen View during the commission of the crime, but nowhere near the scene, while others were not in Glen View altogether.’

Mtisi told SW Radio Africa that they were still working on the application but remained hopeful they will finish the job soon. He said this was the reason they requested a postponement.

‘As soon as we are done, it may be this week or next week, we will proceed with our plans to request the High Court to acquit our clients on the murder charge because there is no substance at all to the allegation,’ Mtisi said.

All the 29 MDC-T activists have pleaded not guilty to murdering police inspector, Petros Mutedza two years ago in Glen View. In the discharge application, the defence will have to satisfy the court that the prosecution team failed to prove their clients’ guilt and that they have no case to meet.

‘We remain optimistic despite the hurdles that we faced along the way that our application for discharge will be granted. We have confidence justice will prevail,’ said Mtisi. He said that all the evidence presented in court by state witnesses ‘did not warrant their clients to be placed on their defence.’

‘There is no substance at all, evidence against our clients is simply not there, so they have no case to answer,’ Mtisi added. Since it began the trial has been subject to several deferments, with just the bail application for the 29 activists postponed more than 7 times, mainly to allow the state to build its case.

The 29 activists were arrested in May 2011 when a police detail, responding to reports of political disturbances in Harare’s Glen View area, was attacked resulting in the death of Inspector Mutedza.

They have been on remand since then, with five of the accused still held in custody where they have been reportedly tortured and ill-treated.

The five – Last Maengahama, Tungamirai Madzokere, Simon Mapanzure, Yvonne Musarurwa and Rebecca Mafukeni – were deemed a flight risk and remanded in custody when their colleagues were bailed last year. SW Radio Africa