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Court Reporter
AN unnamed witness in the trial of Zimbabwe Anti-Corruption Commission commissioner Emmanuel Chimwanda will testify in camera, a Harare magistrate has ruled.
The ruling by magistrate Mr Hosea Mujaya follows prosecutor Mr Michael Reza’s application for an order allowing the next witness in the trial to testify in camera to protect him/her from victimisation at the workplace.
Mr Reza made the application in terms of Section 319B of the Criminal Procedure and Evidence Act that protects vulnerable witnesses. In his ruling, Mr Mujaya said if publicity prejudices the interest of justice there was need for the witness to be protected.
He accepted the prosecution’s argument that the witness was likely to suffer substantial emotional stress if he/she testifies in open court. Mr Reza also feared that his witness is likely to be victimised at the workplace.
The defence lawyer Mr Jonathan Samukange opposed the application arguing that there was a possibility that the witness would mislead the court. He said the matter was in the public interest and his client would want to be tried with the witness giving evidence in an open court. Chimwanda is accused of supplying dockets and information to four MDC-T officials — Thabani Mpofu, Warship Dumba, Felix Matsinde and Mehluli Tshuma — who are facing charges of impersonating the police, possessing articles for criminal use and breaching the Official Secrets Act.
According to the State, some time in April last year, the commission was investigating a fraud case involving former Harare special interest councillor Charles Nyachowe.
It is alleged Chimwanda requested the docket from the commission’s chief investigations officer, Mr Alex Masiye. Mr Masiye then advised the general manager for investigations, Ms Sukai Tongogara, and the two handed over the docket to Chimwanda.
Chimwanda, the court heard, indicated that he wanted to go through the docket citing that he was not happy with the way the investigations were being conducted.
It is alleged he made copies of the docket and handed them to Mpofu, Dumba, Matsinde and Tshuma and that he accessed documents pertaining to criminal investigations on allegations of abuse of office by Local Government, Public Works and National Housing Minister Ignatius Chombo.
Online Reporter