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THE trial of Zimbabwe Anti-Corruption Commission commissioner Emmanuel Chimwanda was yesterday postponed to tomorrow after the defence requested for time to respond to the prosecution’s application for its next witness to give evidence in camera. Chimwanda is facing five counts of breaching the Official Secrets Act and criminal abuse of office.
Prosecutor Mr Michael Reza made the application in terms of Section 319B of the Criminal Procedure and Evidence Act that protects vulnerable witnesses.
“If the witness gives evidence in public, he will suffer substantial emotional stress and there is real possibility that the witness will be intimidated. I had hoped that my learned colleague will understand that there is need for the witness to give evidence in camera.”
But defence lawyer Mr Jonathan Samkange opposed the application and requested that the court defer the trial to tomorrow to allow him time to respond to the prosecution request.
He argued that the matter was in the public interest and his client would want to be tried with the witness giving evidence in an open court.
“Your Worship, the accused reserves his right to have the case heard in public. I wish to have a postponement of the case since today I am not prepared to respond on the application. I need time to consult with the new constitution,” said Mr Samukange.
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, Alex Masiye.
Masiye then advised the general manager for investigations, 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.
It is further alleged that Chimwanda 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