adminDuring cross-examination in the ongoing trial of Thomas, John Gazi and Paul Siwela, Constable Edington Magama on Tuesday testified that after one of his colleagues had picked a flier written in isiNdebele he did the interpretation for the others.
However, under intense cross-examination, Const Magama accepted that he is not well versed in isiNdebele although he can understand a bit of it.
He also agreed that he gave the fliers his own interpretation implying that they carried messages inciting people to revolt against the Government of Zimbabwe.
Another witnesses, Detective Sergeant Patrice Nyanhete, told the court that he was instructed by his officer-in-charge, Superintendent Andrew Mupungu, to go and carry out a search at Gazi’s residence and specifically look for MLF fliers and any other material linking him to the party.
“Thomas had been arrested on 3 March 2011 but I did not go to Gazi’s residence until the next day. I was in the company of three other detectives from the Law and
Order and we explained to him the purpose of our visit,” he said.
Det Sgt Nyanhete said as they were busy searching the sitting room, Gazi allegedly voluntarily handed more than 10 fliers and after that they drove into town to carry out a search at his offices but they did not get anything.
It was his evidence that he read all the fliers and the messages were all calling on the people of Zimbabwe to rise against the Government in the manner things had been happening in North Africa.
Led by Messrs Samuel Pedzisai and Lovack Masuku, both from the Attorney General’s Office, Det Sgt Nyanhete took time to identify the fliers, which he said were directed at the armed forces.
Advocate Sabelo Sibanda representing Gazi had to ask the court to put it on record that the detective was going on “fishing expedition” checking for specific fliers.
During cross-examination Adv Sibanda drew it to his attention that he had diverted from the statements he made during a bail application in the magistrates courts.
During the bail application, Det Sgt Nyanhete told a magistrate that he recovered more than 10 fliers from Gazi’s residence but yesterday he put the number at 10.
When it was put to him that the information was on record, Det Sgt Nyanhete said the record from the magistrates’ courts was not a correct reflection of what he said.
He admitted that when they went to Gazi’s residence, their mandate was to look for things that would link Gazi to the offence.
“When we went to search Gazi’s residence he had already been linked to the offence by Thomas whom I had interviewed at Entumbane Police Station where he was being detained,” said Det Sgt Nyanhete.
The trial continues tomorrow with Adv Sibanda continuing with his cross-examination. The State has lined up 13 witnesses.
Thomas (44), Gazi (54) and Siwela (50) pleaded not guilty to the main charge of treason and the alternative charge of subverting a constitutional Government before senior Bulawayo High Court judge Justice Nicholas Ndou sitting with Messrs Elliot Nyoni and Phanuel Damba as assessors.
Thomas and Siwela’s defence as presented by Adv Lucas Nkomo instructed by Mr Sindiso Shepherd Mazibisa and Robert Ndlovu, is that they never at one time from 1 March to 3 March 2011 acted in common purpose and conspired with any person to incite people of Zimbabwe or a section of them to rise against the Government by distributing fliers, which contained messages calling on members of the public and the army to rise against the Government of Zimbabwe.
Gazi, through Adv Sibanda states that at the time of the alleged offence, prior to his resignation from the MLF he was its secretary-general.
He denies hatching a plan to distribute any fliers and conspire to incite members of the public or anyone else to rise up against or seek to overthrow a constitutionally elected Government of Zimbabwe through unconstitutional means.
Online Reporter