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On Tuesday this week, lawyers representing the trio made an application for a discharge at the close of the State case, arguing that the State led by Messrs Lovack Masuku and Samuel Pedzisai had failed to prove a prima facie case that warranted that their clients be put on their defence.
Advocate Lucas Nkomo instructed by Mr Sindiso Shepherd Mazibisa of Cheda and Partners and Mr
Robert Ndlovu of R Ndlovu and Company representing Charles Thomas and Paul Siwela argued that there was no evidence led by the State that a reasonable court could convict his clients adding that that being the case the court was obliged to return a not guilty verdict.
Adv Nkomo argued that the evidence of all the witnesses was centred on the arrest of the trio, items recovered upon their arrest and the messages on some of the items that were recovered.
Adv Sabelo Sibanda, of SKM Sibanda and Partners for John Gazi agreed with Adv Nkomo on the points of law and said the evidence that the State was seeking to rely on was manifestly unreliable.
He said the court should not only look at issues of conviction, but said if the court acted judiciously it would not place Gazi on his defence.
However, Messrs Masuku and Pedzisai yesterday responded to the defence counsels’ application and said the State was opposed to application as the evidence led established a prima facie case against the trio.
It was their contention that essential elements of the offence had been proved and that there is evidence on which a reasonable court, acting carefully, might properly convict.
They said the evidence adduced by the State was not utterly destroyed by cross examination adding that the evidence was reliable and the court could safely act on it.
The State counsels admitted that the basis of the State case were the minutes of a meeting held by members of the Mthwakazi Liberation Front on 1 March last year were an overt act committed and was followed by the distribution of fliers containing subversive material by Thomas on 3 March the same year.
When the court raised a question as to why the State chose to prosecute two people out of nine that attended the meeting on 1 March, Mr Masuku responded saying they chose to prosecute Gazi and Siwela because they had been found with the offending materials while others did not have them.
Thomas (44), Gazi (54) and Siwela (49) have pleaded not guilty to the main charge of contravening Section 20 (1) (b) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 (treason) and the alternative of subverting a constitutionally elected Government.
Online Reporter