Thabani Mpofu’s Supreme Court application dismissed

firearm certificate and keeping a firearm in a non-secure place.
Magistrate Ms Anita Tshuma ruled that the application was frivolous and vexatious.

She said that the search warrant was regular and that there was reasonable suspicion that an offence had been committed.
The magistrate then directed that the matter proceeds to trial.

Through his lawyers, Mr Alec Muchadehama and Chris Mhike, Mpofu had made the application raising constitutional issues, which he says could only be dealt with at the Supreme Court.

After the dismissal of the application, the defence unsuccessfully made two other applications.
They applied for the area public prosecutor Mr Jonathan Murombedzi who is appearing for the State to recuse himself arguing that he was an interested party.

They also made an application for stay of proceedings pending lodging and determination for an application for review at the High court.
In dismissing the applications, Ms Tshuma said there were no prospects of success.
She said it was unlikely that another court might come up with a different decision.

She added that the application to have Mr Murombedzi recuse himself was unreasonable adding that his duty was to put the charges to the accused person and that the court would make a determination.

Mr Murombedzi had opposed the applications for lack of merit.
The matter then proceeded to trial and Mpofu denied both allegations.
The State called its first witness Chief Superitendent Mukazhi who testified narrating how they found Mpofu’s unlicensed gun stashed under a pile of clothes in a fitted wardrobe.
The trial continues.

Allegations against Mpofu arose when detectives received information that Mpofu and his colleagues were in possession of dockets they were privately compiling to discredit the judicial system.

It is alleged that during the search at his premises, detectives confiscated a firearm that was hidden under a pile of clothes in the house.
When police inquired to see a certificate for the weapon, Mpofu allegedly failed to produce the required documentation leading to his arrest.

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