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Kwekwe journalists' defence case opens
MISA-Zimbabwe
July 16, 2008

Kwekwe journalists Wycliff Nyarota and James Muonwa accused of publishing falsehoods in breach of the Access to Information and Protection of Privacy Act (AIPPA) opened their defence case on 15 July 2008.

Wycliff Nyarota and Muonwa are facing charges under Section 80 (1) (a) (20 of AIPPA for allegedly unlawfully and intentionally publishing a false story in The Network Guardian that George Muvhimi and Tatenda Munhanga were caught with their pants down while having sexual intercourse in a vehicle at Mbizo Shopping Centre. Their former colleague Blessed Mhlanga was found not guilty and acquitted at the close of the state case.

It was Muonwa's evidence that Mhlanga, who has since been acquitted of the charge, got an anonymous tip-off on the issue at hand. Mhlanga, however, recused himself from the investigations because the parties involved were known to him.

Muonwa phoned the complainant, Tatenda Munhanga to verify the story. Munhanga is said to have expressed shock that The Network Guardian had picked the story. She enquired as to whether they had picked the story from the police officers that had arrested them.

However, Munhanga refused to confirm the matter. It was Muonwa's evidence that further phone calls to Munhanga went unanswered.

Muonwa told Magistrate Oliver Mudzongachiso that he later verified the story with two of Munhanga's friends, whom he identified in court as Sharon and Precious.

It was also Muonwa's evidence that Settlement Chikwinya, a colleague and workmate of the complainant George Muvhimi, approached him. Muonwa told the court that Chikwinya had been requested by the said Muvhimi to ask Muonwa to stop the publication of the story. Muonwa's evidence was that Chikwinya had been instructed by Muvhimi to offer a bribe of Z$5 000 to stop publication of the story.

Muonwa told the court that he refused the bribe, telling Chikwinya that his superiors were already aware that he was investigating the matter.

Cross-examined by prosecutor Zashura, Muonwa denied that he co-authored the story with Mhlanga saying his role was only limited to the investigations. He said he took all necessary precautions to ensure that the story complied with journalistic ethics.

Meanwhile, Nyarota said as the editor, he edited the story and gave the green light for its publication. It was also his evidence that upon being told that the source had requested anonymity, he had neutralised the story by removing the names of the parties involved.

Nyarota said he was, however, when the story was published with the names in question - a development which he blamed on Mhlanga who was the then desktop publisher. He said he subsequently suspended Mhlanga for re-editing the story.

Judgment has been set for 29 July 2008.

Kwekwe lawyers Prayers Chitsa and James Magodora, who are being assisted by MISA-Zimbabwe Legal Officer Wilbert Mandinde, are appearing for Nyarota and Muonwa.

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