admin
Fungai Lupande Court Reporter
Associated Newspapers of Zimbabwe, its editor Stanley Gama and news reporter Thomas Fungisai Kwaramba were yesterday told by the State not to “jump the gun” after making an application for refusal of further remand on the verge of their trial.
This came in the wake of an application for refusal of further remand by ANZ represented by its finance manager Zweli Sibanda, Gama (40) and Kwaramba (31), who are facing three counts of criminal defamation.
In the wake of the Constitutional Court ruling yesterday that criminal defamation was ultra vires the Constitution, this case is likely to fall away by judicial precedence.
In their application, the trio, who are represented by Mr Gilbert Machingambi, insisted that they could not be prosecuted for telling the truth.
Gama, Kwaramba and Sibanda are accused of criminally defaming businessman Mr Kamal Khalfan in a story published in the Daily News of January 6 2014 implying he was improperly dealing with the Government.
In their application, the trio submitted that in criminal defamation, the publication of a statement should have an intention of harm and it should also show that the statement is false.
“The Constitution states that it is utterly unjust for any person to be charged for telling the truth and this makes the criminal defamation charges fall away,” said Mr Machingambi.
Responding to the application, prosecutor Ms Venencia Mtake told the court that the trio’s application was misplaced, especially when the State was ready to proceed to trial.
“The accused’s application impl(ies) that the State is not ready to proceed to trial, but in this case the docket is ready and the complainant is present, for them to make an application of this nature is not correct,” she said.
“The application should be made at the close of State case when essential elements of the case have been proven.”
Harare magistrate Mr Milton Serima will make a ruling on Monday.
Ms Mtake alleged that on January 6, Gama, Kwaramba and the ANZ published a story with the intention of harming Mr Khalfan’s reputation, alleging he boasted about his connections with top Government officials and how he could arrange deals with the Zimbabwe Government.
It is alleged that the Daily News published another false statement about Mr Khalfan on January 7.
The Daily News is accused of publishing another defamatory statement about Mr Khalfan on January 29.
Online Reporter