Respect rule of law, legislators told

without hindrance, a regional prosecutor has said.
Mr Nathaniel Chigoro made the submissions in the case in which Information Communication Technology Minister Nelson Chamisa is seeking to have his case of negligent driving referred to the Supreme Court.
Chamisa is being charged with negligent driving after he allegedly caused an accident in the city centre on January 16, 2009. Through his lawyer, Mr Chris Mhike of Atherstone and Cook, Chamisa had claimed that he was being persecuted by the State.
In response, Mr Chigoro said: “The accused is an Honourable Member of Parliament in the country. It is the executive, which actually through its various arms make sure that justice is done.
” . . . and to allege that a Member of Parliament is being persecuted by the same executive which he represents will shock ordinary members of the public,” he submitted.
He said to allege a law officer would be assigned to persecute the accused who is a member of the executive would be far fetched.
“It is the State’s view that those who are sworn to ensure justice is served be prepared to stand trial to see that justice is done.
“Accused is a very good example of people who should lead by example to ensure trials proceed unhindered,” he said.
He urged the court to dismiss the application saying it was frivolous adding that he would respond to the defence application in writing.
Mr Mhike had asked the case to be referred to the Supreme Court on the grounds that Chamisa’s prosecution was malicious and politically motivated.
“It is also applicant’s contention that his prosecution is malicious and politically-driven particularly as it comes in the context of the widespread arrest and prosecution of politicians from the MDC . . .
“This point on the political nature of the prosecution was raised at applicant’s initial appearance and the public prosecutor denied the assertion.
” . . . it is applicant’s right to have the issue placed before the Supreme Court so that the honourable and upper court would consider the veracity or otherwise of the submission, in as far as that issue violates the applicant’s Constitutional right to the prosecution of the law, before trial continues, if there should be any trial at all,” he said.
Mr Mhike further submitted that the Zimbabwe Broadcasting Corporation reported in its bulletins of January 29 this year concluding that the accused person had been negligent in his driving.
He argued that it was a verdict that should have been left to a judicial officer, and which verdict was sufficiently prejudicial to the applicant to the extent of impairing his defence.
Mr Mhike also argued that Chamisa was the only one being prosecuted while another unidentified motorist who also hit his vehicle from behind on the date of the accident, had not been prosecuted.
Magistrate Ms Paidamoyo Muku-mbiri is expected to rule on the application on June 2.