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farmer has been set for Thursday next week after the State closed its case.
Mliswa (39) yesterday appeared before regional magistrate Mr Munamato Mutevedzi who set the judgment day after the former submitted that he wanted to apply for discharge at the close of the State case.
The State was forced to close its case after failing to locate its outstanding witness, a former policeman.
Prosecutor Ms Rufaro Mhandu had sought to call the investigating officer Detective Inspector Samuel Mazvokweni to explain the witness’s absence but the magistrate said it was un-procedural to call him in the midst of a trial unless he was a State witness.
Mr Mutevedzi asked the prosecutor if she thought the witness was ever coming to court and she said she was not sure as “the situation was beyond her control”.
Mliswa told the court that the continued delay of his trial was prejudicing him in many ways urging the State to put its house in order.
He also reminded the court that on his last court appearance the court made a decision that it was giving the State a last chance to call its witness.
Mr Mutevedzi then allowed the State to call Det Insp Mazvokweni to explain.
He told the court that they had made frantic efforts to locate the witness without success.
Ms Mhandu closed the State case and Mliswa told the court that he intends to apply for discharge at the close of the State case.
He said his written submissions would be ready on Friday this week and Ms Mhandu said she would respond on Monday next week.
Mr Mutevedzi will deliver judgment on Thursday next week.
Mr Charles Chinyama of Chinyama and Partners is representing Mliswa.
The State alleges, in 2002 Mliswa stole irrigation equipment and a 60-KVA generator from Mr Coast who was the owner of Hesketh and Westland farms.
It is alleged he hired some youths who besieged both farms following, which he allegedly took control of the property and allegedly stole farming equipment valued at US$300 000.
Online Reporter