Dinha extortion case goes to Concourt

Fidelis Munyoro Chief Court Reporter
Mashonaland Central Provincial Affairs Minister Martin Dinha yesterday had his extortion trial suspended after the High Court referred the matter to the Constitutional Court to determine constitutional issues he raised in his defence.

Justice Happias Zhou granted Dinha (53) his request to have the matter referred to the highest court, saying it was within his constitutional rights to do so.

“This court is of the view that the request for the referral of this case to the Constitutional Court cannot be characterised as frivolous and vexatious within the meaning of Section 175(4) of the Constitution,” said Justice Zhou.

“It is the right of every person to have his or her rights determined by the highest court in constitutional matters in this juris- diction.”

Justice Zhou said the matter would be removed from the roll until the Constitutional Court decided on it.

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Dinha raised constitutional issues following Justice Zhou’s ruling earlier this month declining to defer the trial until the de-classification of certain State secrets that Dinha wanted to use in his defence.

At stake, Dinha said, was his right to a fair trial.

In his ruling yesterday, Justice Zhou agreed with prosecutor Mr Clement Chimbari’s submission that Dinha made little effort to secure the de-classification of the documents since his indictment for trial in August, but he could not deny him his rights to approach the Constitutional Court.

Dinha wanted the court to refer his case to the Constitutional Court, arguing that his right to a fair trial was infringed upon after Justice Zhou ordered his trial to go ahead without him being given the critical documents for his defence.

He argued that his right to fair trial under Section 69(1) of the Constitution of Zimbabwe was violated.

Dinha further stated that after the court ruling on November 3, he did all he could to ensure that the documents he needed were de-classified and placed into his counsel’s possession but got no joy.

On November 3, Justice Zhou dismissed Dinha’s request to postpone the trial until he secured the documents he wanted.

Dinha is being charged for criminal abuse of office or alternatively bribery.

He is also facing money laundering charges and is out of custody on $1 000 bail.

Dinha allegedly demanded $60 000 from Mr Guy Frank Dollar as protection fee against eviction from Tsoro Farm in the Centenary area.

Advocate Thabani Mpofu assisted by Adv Garikai Sithole and instructed by Mr Tapson Dzvetero of Antonio and Dzvetero Legal Practitioners, is representing Dinha.