Court orders AG’s Office to produce video

High Court Judge, Justice Tedious Karwi, on Monday 20 July 2009 ordered the Attorney General (AG)’s Office to furnish lawyers representing human rights defender and Zimbabwe Peace Project (ZPP) director Jestina Mukoko with purported video footage in which she is alleged to have confessed to plotting to unseat President Robert Mugabe’s previous administration.  

Justice Karwi made the order after Mukoko’s lawyer, Beatrice Mtetwa, applied for the release of the video footage together with all the witness statements, audio evidence and police diary logs, which the State had not supplied since undertaking to do so after the indictment of Mukoko and four other abductees in May 2009. 

Mtetwa advised the court that the AG’s office had failed to respond to numerous letters she wrote seeking to be furnished with the relevant statements and audio and visual evidence that the State is relying upon in the prosecution of the human rights campaigner. 

The State only responded last Thursday by asking the lawyers to view the video evidence at the AG’s Office and in the company of Tawanda Zvekare, the head of litigation in the AG’s Office. Mtetwa objected to this, stating that this was tantamount to interfering with Mukoko’s right to prepare for trial. 

Mtetwa also wanted Justice Karwi to suspend reporting conditions for Mukoko, since all proceedings in a lower court had been suspended following the referral of Mukoko’s matter to the Supreme Court. 

Justice Karwi berated law officers from the AG’s Office for failing to furnish the defence lawyers with the requested State evidence two months after indicting Mukoko. The Judge said the AG’s Office should have provided Mukoko with all the necessary papers and evidence which it is relying upon in prosecuting the ZPP director upon her indictment and he expressed concern about the complaints which were raised by Mtetwa. 

However, Justice Karwi asked Mukoko to approach the High Court for bail alterations on the basis of changed circumstances since Mukoko’s matter has already been referred to the Supreme Court. 

Justice Karwi also set down for hearing on Tuesday 21 July 2009 the application for referral to the Supreme Court of the matter involving two abductees, Emmanuel Chinanzvavana and Pieta Kaseke, which was filed by their defence lawyer, Alec Muchadehama.

The Judge said he needed time to acquaint himself with the submissions made in the application. Chinanzvavana and Kaseke are seeking a permanent stay of prosecution until a determination on the violation of their constitutional rights has been considered by the Supreme Court. 

The matter involving Mukoko, Broderick Takawira, and Audrey Zimbudzana was postponed indefinitely, on the basis that their matters had been referred to the Supreme Court, also for a determination on the violation of their constitutional rights. 

Mukoko is awaiting judgment on her application which was recently heard by the full Supreme Court bench.