admincriminally defaming his former boss Henrietta Rushwaya, saying it lacked merit.
In opposing the application, Mr Public Mpofu from the Attorney-General’s Office said in this matter, Rushwaya is the one who is protected by law for being maliciously injured by the statements made by Mashingaidze.
He added that the application by Mashingaidze through his lawyers Advocate Lewis Uriri and Mr Ralf Maganga was made to delay court proceedings.
“It is our submissions that the facts of the matter are not a breach of his right to freedom of expression but are an injury which is malicious to complainant’s reputation or dignity. There is no violation of the Constitution in that regard. The application is frivolous and vexatious as it is an abuse of the court process and an intent to delay the due process of law,” he said.
Mr Mpofu added, “It is our submission that the accused cannot claim protection in this regard as we believe he criminally defamed the complainant, therefore he has to be tried by this honourable court.” In response, Advocate Uriri accused the State of failing to respond to their application of referral to the Supreme Court.
“Your Worship, there is no response to the application because the State in its response simply created its own application and responded to it.
“The State went on to deal with the merits of the case and not the question of referral to the Supreme Court.
“The State did not address the question of whether the court should refer the case to the Constitutional court,” he said.
Magistrate Mr Arnold Maburo is expected to pass his ruling today.
Mashingaidze filed an application to have the matter referred to the Supreme Court, alleging that the charge preferred against him is in contravention of the declaration of rights in terms of the Constitution of Zimbabwe.
Mr Mpofu alleged that on June 12 last year Karuru and Musona were in national team camp at Pandhari Lodge in Harare in preparation for a match against Burundi.
Karuru, who wanted to venture into mining, had arranged with Thomas Sweswe to meet at number 320 Herbert Chitepo where he was to be shown gold detectors and quotations for the equipment, the court heard.
Knowing that Rushwaya worked at the same premises, it is alleged Karuru phoned her informing her that they were at her offices and they were told to wait for her. It is alleged Sweswe and Zhaimu Jambo met Karuru and Musona and waited for Rushwaya.
However, she delayed, prompting Musona and Karuru to leave as they were getting late for training. It is alleged that on their way out they met Rushwaya and owing to time, they just greeted each other and left.
It is the State’s case that when the two were going back to camp, they were stopped by Mashingaidze, who asked them what they were doing at Rushwaya’s offices.
It is alleged that after the encounter, Mashingaidze went on to give interviews to the media, including ZBC, NewsDay and The Herald, alleging that the games between Zimbabwe and Guinea, and Mozambique might have been fixed as Musona and Karuru had been seen coming out of Rushwaya’s offices.
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