adminNyore Madzianike Senior Court Reporter
THE Prosecutor-General’s Office is still working on the indictment of MDC-Alliance Harare West legislator Ms Joana Mamombe, who is charged with subverting a constitutionally-elected Government, and thus cannot agree to the refusal of further remand which she is seeking.
The State, which was denying claims that there was an inordinate delay in taking up the matter, said the indictment process takes time.
State counsel Mr Sebastian Mutizirwa said this in his response when opposing Mamombe’s application for refusal of further remand in which she argued that there was a deliberate delay in giving her a trial date.
“It is submitted that given the offence that the accused person is alleged to have committed, there has been not been an inordinate delay in bringing the accused person to trial,” he said.
“There has been progress in this matter to such an extent that the docket is now with the Prosecutor-General and awaiting indicts. The process of indicting is not a walk in the park and does take time.”
Mamombe, who is being represented by lawyer Jeremiah Bamu, said it was almost nine months since her arrest, with the State failing to give her a trial date.
She told the court that the State had indicated that they needed up to April 4 to complete investigations from the day she was first remanded in court on March 3, this year.
“The police were just being dishonest,” said Mr Bamu. “There is or was nothing to investigate and no witnesses were required.
“At the time of accused’s initial appearance the investigating officer — one Detective Sergeant Raphael Chakama — had the video and the translation of the same. He used it in opposing bail to the accused.”
Mamombe said in her application that the State’s delay in giving her a trial date was not genuine, as it has sought postponements several times.
She claimed her right to a fair and speedy trial were being violated by the State’s failure to give her a hearing date.
Mamombe argued that she was trustworthy and had been attending court religiously and was ready to return to court by way of summons when the State had put its house in order.
She said she once went out of the country and returned for her routine remand, proving that she can be trusted if her application was granted.
Magistrate Ms Victoria Mashamba is expected to make a ruling on February 28 next year when Mamombe returns to court for her routine remand.
Mamombe’s allegations arose after she on January 14 this year reportedly called for a press conference at Civic Centre in Harare where she urged people to overthrow the country’s constitutionally elected Government.
During the press conference, she reportedly encouraged her constituency to resort to civil disobedience and demonstrate in order to shut down Zimbabwe in response to shortages of commodities and high cost of living.
She was allegedly acting in her capacity and as MDC-Alliance MP for Harare West.
Online Reporter