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Magistrate dismisses editor's application
MISA-Zimbabwe
July 10, 2008

Harare Regional Magistrate Morgan Nemadire on 10 July 2008 dismissed an application for refusal of further remand by the Standard weekly newspaper, its editor Davison Maruziva, and Professor Aurthur Mutambara leader of the other formation of the Movement for Democratic Change (MDC).

Nemadire refused the application by the trio's lawyers, Beatrice Mtetwa for Mutambara, Advocate Erick Morris for The Standard Newspaper which is represented in the proceedings by its Group Projects Editor Iden Wetherell. Advocate Deepak Mehta is representing Maruziva.

They are being jointly charged for publishing falsehoods in violation of the repressive Access to Information and Protection of Privacy Act (AIPPA) as well as Contempt of Court as defined in the Criminal Law (Codification and Reform) Act. The charges arise from the publication of an opinion piece written by Professor Mutambara.

In her application, Mtetwa argued that the accused persons should be removed from remand because the state had failed to timeously provide the defence with state papers to enable it to prepare for its case. According to Mtetwa provision of these papers would have enabled the defence to make an application to have the matter referred to the Supreme Court as a Constitutional matter on 9 July 2008. The other defence lawyers concurred with Mtetwa.

But Prosecutor Tawanda Zvekare who only provided the defence counsels with the papers in court today opposed the application saying the anomaly had now been rectified and any other outstanding papers would be provided to the lawyers by end of day on 10 July 2008.

Zvekare said everything was now set for the trial to commence. He argued that the accused are facing serious charges and should be remanded till the next court date when the applications for referral to the Supreme Court will be made.

In his ruling magistrate Morgan Nemadire said it was only fair and in the interest of justice that the accused remain on remand since the prosecution had provided the defence with the state papers.

They were remanded to 28 August 2008.

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