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Defence applies for acquittal of journalist
MISA-Zimbabwe
August 11, 2005

The defence on 11 August 2005 applied for the acquittal of Kelvin Jakachira, a journalist with the banned Daily News facing charges of practising without accreditation arguing that the State had failed to prove its case against the accused.

Beatrice Mtetwa who is representing Jakachira told MISA-Zimbabwe that she made the application at the close of the State case when the trial opened at the Harare Magistrates Courts this morning.

Mtetwa said the magistrate would make a ruling on 17 August 2005 next week on whether Jakachira should be put to his defence.

The defence applied for discharge after the State led evidence from its sole witness, Dr Tafataona Mahoso, the chairman of the Media and Information Commission (MIC).

Mahoso conceded he had not personally considered Jakachira’s application among several others filed by the Daily News journalists because their employer was not registered as a media service provider.

The MIC chairman also admitted under cross examination that one could not be prejudiced from practising if one does not receive a determination from the regulatory body as to whether one’s application had been successful or not.

Mahoso had initially argued that the applications by the journalists had not been received by January 2 2003 only to be reminded that there was a strike by Zimpost workers during the months of November/December 2002, which could have resulted in the delay.

He suggested that the applications in question could have been hand delivered, but was reminded that the regulations required that these should be posted notwithstanding that one cannot hand-deliver mail to a postal box number.

"Mahoso also conceded that once an application has been posted to the given postal box, one is deemed to have applied and that if the MIC takes its time to collect the mail that should not prejudice the applicant," said Mtetwa to MISA-Zimbabwe.

"There was also no answer from Mahoso as to when he had received Jakachira’s application."

Mtetwa told MISA Zimbabwe that the MIC did not have its own postal box but that the one it used belonged to the President’s Office.

Jakachira is being charged under Section 83 (1) of the Access to Information and Protection of Privacy Act (AIPPA) Chapter 10:27 which deals with practising journalism without accreditation.

He is accused of practising without being accredited by the government-controlled Media and Information Commission (MIC) between January 2003 and September of the same year.

According to the State, he only stopped practising without accreditation following the Supreme Court judgment in September 2003 which ruled that the Daily News and Daily News on Sunday were operating illegally as they were not registered with the MIC.

Eight other Daily News journalists who are facing similar charges are expected to appear in court on 12 October 2005.

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