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magistrate.
Magistrate Mr Felix Mawadze, however, noted in his ruling that both the defence and prosecution counsel were scared to proceed to trial.
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Mr Mawadze said both the defence and prosecution counsel engagement in delaying tactics was a clear indication that they were afraid to proceed to trial.
This, he said, was detrimental to the cause of Mliswa and his accomplices and witnesses as significant progress could have been made had the matter gone to trial as originally scheduled. Both the state and defence had settled on March 6 for trial when Mliswa and seven other accomplices appeared before the same magistrate on February 28, for initial remand.
The application for change of jurisdiction brings to three the number of applications that have failed so far since the suspects appeared in court last month. Two applications for bail and refusal of remand were the other defence attempts to obtain freedom for their clients.
“The applications by the defence team and subsequent failure by the State to respond for want of consultations have been time consuming. There have shown that the State and the defence are scared to proceed to trial for reasons best known to themselves,” he said.
He said the defence team of Mr Musindo Hungwe, Mr Ray Tsvakwi, Mr Mike Mutsvairo and Mr Kudzai Choga have many avenues they could have explored to seek remedy other than applying for change of jurisdiction as matters of such magnitude were not only determined by the courts but also needed the input of the Attorney General’s office.
Mr Mawadze said the application had no merit adding that granting it would set a bad precedence by transferring cases to other territories.
Online Reporter