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Justice
beckons as persecuted Mtetwa returns to court
Zimbabwe
Lawyers for Human Rights (ZLHR)
November 25, 2013
Harare Magistrate
Rumbidzai Mugwagwa will on Tuesday 26 November 2013 deliver her
ruling on an application for discharge filed at the close of the
State’s case by Zimbabwe Lawyers for Human Rights board chairperson
Beatrice Mtetwa seeking to have charges of defeating or obstructing
the course of justice brought against her dismissed for want of
evidence.
In her application
for discharge, Mtetwa wants the court to return a verdict of not
guilty after the State closed its case on Friday 18 October 2013.
Under Section
198 (3) of the Criminal
Procedure and Evidence Act (Chapter 9:07), the human rights
lawyer is entitled to be discharged if Magistrate Mugwagwa is satisfied
that State prosecutors failed to adduce evidence that she committed
the alleged offence of obstructing the police from carrying out
their duties.
The State represented
by Tawanda Zvekare from the National Prosecuting Authority has opposed
Mtetwa’s application.
The feisty human
rights lawyer was put on trial since 10 June 2013, where she has
been answering to charges of contravening Section 184 (1) (g) of
the Criminal
Law (Codification and Reform) Act for allegedly defeating or
obstructing the course of justice. She was arrested on 17 March
2013.
Police accused
her of obstructing the course of justice by allegedly interfering
with a search conducted at the residence of one of former Prime
Minister Morgan Tsvangirai’s aides and at the former Premier’s
offices in Harare.
But Mtetwa argues
that:
(a) There is
no evidence to prove an essential element of the offence.
(b) There is
no evidence on which a reasonable court, acting carefully, might
properly convict.
c) The evidence
adduced on behalf of the State is so manifestly unreliable that
no reasonable court could safely act on it.
In her defence,
Mtetwa said the charges brought against her were part of a broader
agenda to fix her for defending several tormented human rights defenders,
who have been persecuted by state security agents in Zimbabwe and
for standing up to human rights excesses.
She argued that
she simply asked to be shown a search warrant by the police officers
to substantiate their actions.
At the time
of the close of the State’s case, Zvekare had led evidence
from five witnesses namely, Chief Superintendent Luckson Mukazhi,
Detective Assistant Inspector Wilfred Chibage, Detective Constable
Ngatirwe Mamiza, Detective Sergeant Taizivei Tembo and Briam Mutusva
whom the State considered key to secure a conviction against Mtetwa.
Visit the ZLHR
fact
sheet
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