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Mr Mthombeni argued that justice delayed was justice denied.
“State has suddenly lost the zeal to prosecute them. When they were initially arrested there was a lot of hype and the impression was that by end of October 2011 their trial would have been completed, but suddenly the State is now reluctant.
“This is a high-profile matter of national importance which needs to be given priority. The State only needs two weeks to prepare for trial and two months is too long,” he said.
Mr Kasema argued that the festive season was approaching and their diaries were full such that the earliest available date was January 26. He advised the defence team to collect the State papers from the AG’s Office to enable the accused to prepare their defence.
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Magistrate Mr Kudakwashe Jarabini ruled in favour of the State.
“The defence’s application has been cleared since the trial date has been set. The State has also referred the defence to collect State papers from the AG’s Office to allow the defence to prepare for trial.
“One cannot safely conclude that January 26 is too far for it gives the accused persons adequate time to prepare their defence. The application is hereby dismissed,” he said.
He deferred the case to January 26.
The defence team also applied for the relaxation of bail conditions and the release of Netsai’s car, a Toyota Chaser, which was impounded by the police but was allegedly not linked to the case.
The defence said the car was impounded after the owner had driven to the police to inquire why her sister had been arrested.
The four have been reporting twice a week to the police and they argued that the reporting conditions be reduced to once a month or scrapped totally because they were scared to move around with public transport for fear of being mobbed.
Mr Kasema argued that they should approach the AG’s Office and present their issue of relaxation of bail conditions.
On the car, he said they should approach the police because he was not aware why they were holding on to the car.
Mr Jarabini ordered the State to investigate the circumstances in which the vehicle was impounded and deferred the matter to today for the outcome of the investigations.
The four were told to return to court on January 26 and only their lawyers and the prosecution are expected in court today.
Online Reporter