adminmagistrate has ruled.
Harare magistrate Mr Donald Ndirowei allowed the State application to have the suspects further remanded.
The 26 activists, who include Glenview Ward 32 councillor Tungamirai Madzokere, had objected to further remand and urged the court to refuse remand.
In his ruling Mr Ndirowei granted the State’s application to further remand the 26 saying it was beyond the State’s control that the matter could not be heard urgently at the High Court, which is struggling to clear a backlog. He said the number of the accused persons left the State with homework and as such the argument of inordinate delay is untenable.
“A murder case by its nature is complex therefore the State needs more time to collect evidence. The trial date of 12 March, 2012 is not an inordinate delay,” he ruled.
He remanded the matter to December 5 this year for routine remand. Defence lawyer Mr Charles Kwaramba had objected to the State’s application for further remand. He requested a refusal of further remand after the State represented by Mr Edmore Nyazamba and Michael Reza set March 12 next year as the trial date.
Mr Kwaramba had argued that there was no certainty on the trial date, as it should be proven by indictment papers. He said the date was given to defeat their application for refusal of further remand.
In response the State said there was no inordinate delay of the matter in question as the High Court had a backlog.
Mr Nyazamba argued that the State had done what was in its capacity and urged the court to take note of the delay in the justice delivery system.
The activists are accused of murdering Inspector Petros Mutedza, who was stationed at Borrowdale Police Station and attached to the police Reaction Group. He died after being attacked by the MDC-T youths on May 29 this year. He was hit on the head by a brick. He together with other police officers had gone to investigate an illegal meeting the youths were holding at Glen View 3 Shopping Centre.
His colleague sustained injuries.
Online Reporter