adminconstitutional issues, which he says can only be dealt with at the Supreme Court.
Mpofu, who is accused of failing to renew a firearm certificate and keeping a firearm in a non-secure place, yesterday appeared before Ms Anita Tshuma.Mr Muchadehama argued that his client was not going to have a fair trial because the area public prosecutor Mr Jonathan Murombedzi who is appearing for the State was an interested party.
“Your worship his name (Murombedzi) is mentioned in the warned and cautioned statement in the matter between Mpofu and three others which is linked to this case,” argued Mr Muchadehama.
“The names of the Attorney General (AG) and his deputy are also mentioned, therefore the accused will not have a fair trial because there is conflict of interest.” He also argued that officers from the AG did not have a monopoly to prosecute the accused person as the AG could appoint anyone to do the job.
Mr Muchadehama also argued that the evidence against his client was gathered illegally by using a defective search warrant.He said the name on the search warrant was wrongly spelt.
“The warrant also did not specify the address of the place to be searched and did not identify the exact items to be searched.
“The warrant is not sufficiently based on the affidavit that accompanied it. Where evidence is not properly or legally secured, subsequent proceedings cannot be legal or constitutional therefore we pray that the matter be referred to the Supreme Court in terms of Section 24 (2),” he said.
The State opposed the application arguing that it was frivolous and vexatious.“Your worship the application made by the defence is improperly before this court. There ought to be a prior written notification. The defence did not give notice,” said Mr Murombedzi.
He argued that the defence should have proceeded in terms of section 24(1) of the constitution which permits them to proceed directly to the Supreme Court.“One wonders if it’s an application for exception of the charge coming under an application of referral to the Supreme Court. The State prays that the application be dismissed and accused stand trial,” he said.
Allegations against Mpofu arose when detectives received information that Mpofu and his colleagues were in possession of dockets they were privately compiling to discredit the judicial system.
It is alleged that during the search at his premises, detectives confiscated a firearm that was hidden under a pile of clothes in the house.When police inquired to see a certificate for the weapon, Mpofu allegedly failed to produce the required documentation leading to his arrest.
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