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Court Reporter
A further indefinite delay in the trial of CCC deputy national chairman Job Sikhala on charges of obstructing police investigations on the violence that erupted in Nyatsime after the death of Ms Moreblessing Ali in July last year has been dismissed, although he has applied for a different delay so he can appeal the dismissal of the indefinite delay.
Harare regional magistrate Mrs Marehwanazvo Gofa dismissed Sikhala’s application for stay of proceedings pending a High Court decision on his application for review of an earlier decision at the magistrates court for the charges to be dropped.
Mrs Gofa ruled that Sikhala had failed to advance good cause on why the court proceedings should be indefinitely postponed pending the High Court decision.
Sikhala had applied for indefinite stay of proceedings wherein he is charged with obstructing or defeating the course of justice, arguing that the outcome would result in his acquittal and there will be no need to go for trial.
The State had opposed the application saying his intentions to make such an application did not warrant stay of proceedings.
Yesterday, Sikhala then applied for postponement of the trial, saying he wanted to approach the High Court to mount an urgent chamber application for stay of the same proceedings.
“We seek a short postponement to 20 February for the purposes of enabling the accused to approach the High Court on an urgent basis to seek stay of proceedings,” said Mr Jeremiah Bamu, who is representing Sikhala.
“The necessity arises from the fact that this court dismissed and has taken away the only alternative he has to ensure that the stay is granted. There are bright chances of success that stem from the fact that one of the applications for review has not been opposed by the State and it was set down as an unopposed matter.
“To date the application has not been opposed by any party and that lack of opposition makes prospects of success.”
Mr Bamu submitted that his application was not a ploy to delay the trial arguing that Sikhala was already in custody and was prepared to remain in Remand Prison for the duration he wanted to prepare for his High Court urgent application.
The State opposed the application saying it was similar to the one that had been dismissed by the court.
“We are opposed to the application,” said Mr Zebadiah Bofu, for the State. “This court has dealt with a similar application and has already made a ruling. The character of the application is similar to that which the court has already dealt with and dismissed. For that reason, this application must be dismissed.”
Mr Gofa is expected to make a ruling on this latest application on February 20.
Sikhala is facing a double set of charges over his alleged action after the kidnapping and murder of Ms Ali by a former boyfriend.
In one set he is charged with inciting the ensuing violence and in the other set, the one where he was this week trying to delay the trial, of obstructing the police in their investigations.
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