A Harare magistrate has turned down the State’s attempt to smuggle evidence into the record for the high profile case involving gospel musician Ivy Kombo and her husband Admire Kasi.
The two are jointly charged with Huggins Duri on allegations of fraudulently acquiring conversion certificates to practice law in Zimbabwe without writing the required conversion examinations.
Prosecutor Anesu Chirenje tried to produce an email that was allegedly sent to Fidelity Printers requesting the printing of the certificates.
Lawyers representing the suspects objected to the production of the email on the basis that it was not served on them before the trial opened.
The presiding magistrate Feresi Chakanyuka ruled in favour of the defence prompting the State to seek a postponement.
The trio’s lawyers then accused the State of developing cold feet in prosecuting the case despite the zeal they exhibited when the case started.
The matter was put on roll for two days but the State sought the postponement saying they needed time to go through the record of proceedings and “explore their options” following the Court’s decision.
The State said their case had taken an unexpected turn following the ruling and wanted to have the record transcribed for them to explore possibilities at law.
Admire Rubaya, representing Ivy Kombo said the State was now developing jelly legs and that their conduct was prejudicial to the suspects.
Kasi was represented by Everson Chatambudza who said the State was being disingenuous to his client by mounting a frivolous postponement application.
Duri’s lawyer Oliver Marwa said the State was now developing cold feet in a “hot” matter which they said had “interests”. He was then made to retract the “hot” statement.
The magistrate allowed the State’s postponement to February 19 saying they should be allowed to explore their rights.