MLF treason trial postponed

today.
This was after lawyers sought a postponement.
Advocate Lucas Nkomo instructed by Mr Sindiso Shepherd Mazibisa, of Cheda and Partners and Mr Robert Ndlovu, of R Ndlovu and Company argued that they needed more time to prepare for the trial.
It is their contention that it took the State nine months to prepare its case but that they now want to give the defence team less than a month to prepare.
“In light of the nature of the offence and its gravity, we find it undesirable that the State gave us some of the State witness statements today just before the start of the trial,” argued Adv Nkomo.
He said the defence was yet to get 13 items in the exhibits list so that they adequately prepare their clients’ defence outlines.
The team is representing Charles Thomas and Paul Siwela and wants a postponement of two to three months.
Adv Nkomo said to ensure a fair trial, the defence team needed all the documents pertaining to the case and time to prepare the defence outlines.
Adv Sabelo Sibanda, of SKM Sibanda and Partners representing John Gazi, indicated that they were ready to go to trial and had already prepared their defence outline.
The State represented by Messrs Lovack Masuku and Samuel Pedzisai, both from the Attorney General’s Office, opposed the application for postponement, saying they were ready to proceed with the trial.
They wanted the defence team to be given all the exhibits, go and prepare the defence outlines and the trial to start today.
Senior Bulawayo High Court judge Justice Nicholas Ndou, who heard the application, will today make his ruling on the application.
Thomas (44), Gazi (54) and Siwela (49) have not been formally charged with contravening Section 20 (1) (b) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 (treason).
On 1 March last year, the trio in the company of seven others, who are still at large, held an executive meeting at Siwela’s office at Number 3 Princess Court.
The State is alleging that at the meeting, they connived and agreed to distribute fliers of which among others had the following messages: “Vuka Mthwakazi vuka, ayishe Mahlabezulu, washa mfethu and abantu yithi.”
It is the State’s case that there were 12 000 copies of pamphlets one to 10 of which 10 000 were supposed to be distributed in South Africa and 10 000 in Botswana with the bulk meant for Zimbabwe. It is the State case that Thomas was asked to distribute the fliers.
On 3 March, the State alleges that Thomas went to Entumbane Shopping Complex where he was arrested while allegedly distributing the fliers and some calendars.
The fliers were addressed to different groups in society like churches, non-governmental organisations, civil servants and political parties.