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High court judge orders handover of Mukoko's confession video footage
MISA-Zimbabwe
July 22, 2009

High Court Judge, Justice Tedious Karwi, on Monday 20 July 2009 directed the Attorney General's (AG)' office to furnish former Zimbabwe Broadcasting Corporation (ZBC) news anchor and director of the Zimbabwe Peace Project (ZPP), Jestina Mukoko, with all the relevant documents and a copy of the alleged video footage in which she allegedly confessed to hatching a plot to oust the previous ZANU-PF led government.

The ruling by Justice Karwi came after Defence lawyer, Beatrice Mtetwa applied for the release of the alleged video footage, witness statements, audio evidence and police diary logs, all of which the State has failed to furnish the Defence since Mukoko's indictment on 4 May 2009.

Mtetwa highlighted that the Attorney General's office had failed to respond to a number of letters that she wrote requesting the relevant evidence that the State alleges to be in possession of. Mtetwa also noted that the State had only communicated their response on 16 July 2009, in which they agreed that the Defence lawyers could view the video footage provided that this would be done at that Attorney General's office in the presence of Tawanda Zvekare, a prosecutor from the same office.

Defence lawyer Beatrice Mtetwa, noted that she had objected to this arrangement, on the basis that it constituted an infringement of Mukoko's right to preparation for trial.

Mtetwa also made an application to have Mukoko's reporting conditions suspended, since all proceedings in a lower court had been suspended following the referral of Mukoko's matter to the Supreme Court. Justice Karwi advised that Mukoko approach the High Court with a fresh application for relaxation of bail conditions on the basis of changed circumstances.

After hearing the submissions Justice Karwi ordered that Mukoko be furnished with all the relevant documents which the prosecution would rely on for evidence, noting that two months had elapsed since her indictment.

Mukoko is presently awaiting a ruling an application made before the Supreme Court in which she is challenging the infringement of her constitutional rights to liberty, full protection of the law and right to freedom from torture, inhuman and degrading treatment.

Background

Mukoko was abducted from her Norton home on 3 December 2008 and eventually appeared before the Harare Magistrates Courts on 24 December 2008 ending growing speculation on her whereabouts. She is charged under Section 23 of the Criminal Law (Codification Reform) Act which criminalises actions of insurgence, banditry and terrorism.

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