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Magistrate dismisses GALZ employee's application for discharge
Zimbabwe Lawyers for Human Rights (ZLHR)
October 21, 2010

Harare Magistrate Don Ndirowei on Wednesday 20 October 2010 dismissed an application for discharge filed by lawyers representing Ellen Chademana, an administrative assistant for Gays and Lesbians of Zimbabwe (GALZ), who has been on trial on charges of possessing prohibited materials.

Chademana's lawyers Jeremiah Bamu and David Hofisi of Zimbabwe Lawyers for Human Rights (ZLHR) filed the application for discharge at the close of the State case last month.

In their application which was opposed by State prosecutor Rufaro Mhandu, Bamu and Hofisi argued that there was no evidence to prove the essential elements of committing the alleged offence and asked the court to return a verdict of not guilty.

The lawyers argued that the two witnesses brought by the State had actually exonerated Chademana from committing the alleged offence.

But Magistrate Ndirowei on Wednesday 20 October 2010 ruled that the State managed to prove a prima facie case against Chademana and therefore the case should proceed to the defence case. He delivered his ruling without stating the reasons which he said would follow after his ruling.

Trial continues on 12 November 2010.

Chademana is on trial on charges of possessing prohibited materials in contravention of Section 26 (1) (a) of the Censorship and Entertainment Control Act Chapter 10:04.

Ignatius Mhambi, a GALZ employee, who was arrested together with Chademana on almost similar charges of possessing prohibited or pornographic material, was acquitted by Harare Magistrate Sandra Mupindu in July.

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