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Defence lawyer Mtetwa sheds tears in court
Movement for Democratic Change
October 17, 2012

Beatrice Mtetwa, the defence lawyer representing the 29 MDC members today shed tears in the High Court after the State prosecutor; Edmore Nyazamba requested the court to adjourn after only 26 minutes in session.

Nyazamba had indicated that he could not avail another State witness to testify because the witness had been hospitalised.

Mtetwa said Nyazamba was abdicating his duties, lacked seriousness and was interested in the prolonged incarceration of the accused. Emotions were further evoked after a State witness Stephen Manjoro revealed that Cynthia Manjoro, one of the 29 MDC members accused in the alleged murder of Inspector Petros Mutedza was only being held as bait until the arrest of Darlington Madzonga, who is said to have been using her car on the day the alleged offence was committed.

Stephen is the brother to Cynthia.

Stephen said Cynthia had only returned from church with her two year old child and spent the better part of the day at home before she was arrested.

Mtetwa shed tears as she quizzed the judge on what kind of justice it was that would keep a mother of a two year old in prison when there is overwhelming evidence that she had not committed a crime.

"A police officer by the name of Makedenge indicated that Cynthia Manjoro will only be released after Darlington Madzonga handed himself over to the police," Stephen said.

Testifying before the same court earlier today was Constable Victor Mafavhuke from Glen View police station who arrested some of the accused MDC members. Mafavhuke admitted that he had not seen the MDC members committing the crime but only acted on information he had gathered from an informer.

Asked to reveal the informers, Mafavhuke said he would not, under whatever circumstance reveal the source. Mafavhuke further gave conflicting evidence during cross examination on whether he had seen the accused prior to the arrest by saying he had seen the accused at Glen View 4 shops.

In his sworn statement taken a day after the incident by the police, Mafavhuke indicated that he had not seen the accused but was informed that the accused were amongst the people who had killed Mutedza.

Constable Mafavhuke indicated that he had not recorded anything in police records but in his notebook which he swore could be brought to court. He further said no identification parades were taken after the arrest of the suspects and he had not given identification particulars of the accused to the investigating officer a Mr Ntini.

The defence also proved to the court that Constable Mafavhuke arrested the accused after they had been apprehended by Zanu PF youths for wearing MDC T-shirts.

Evidence given earlier in court by other police officers indicated that Constable Mafavhuke was involved in the parade that was later carried out at Harare Central Police Station but he denied this saying he had not participated in such a parade to authenticate identities of the arrested suspects.

Constable Mafavhuke admitted in Court that he had no knowledge on whether the accused had indeed participated in the alleged crime.

The trial of the 29 MDC members continues tomorrow at the High Court.

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