Former President Mugabe’s son in law will have to make an application at the High Court to have proceedings stayed as the magistrates’ court cannot stay proceedings on the basis that he has applied for review, a Harare court has ruled.
Aggrieved Simbarashe Mutsahuni Chikore and his co-accused Simbarashe Mutimbe approached the High Court for the review of the ruling by Harare magistrate Victoria Mashamba who dismissed their application for discharge at the close of the States case.
The ruling was to the effect that the State managed to prove beyond reasonable suspicion that an offense was committed and the duo had to proceed to the defence case.
Representing the duo in the absence of Matimbe’s lawyer, Jonathan Samkange applied for the matter to be postponed on the basis that the Prosecutor General is yet to respond to the points raised in the review.
“The Prosecutor General notified me that he is unable to give a meaningful analysis of the evidence given as he is still to receive the record of proceedings. Today the record is expected to be sent to the High Court.
“Upon receipt of the application for review, the clerk of court must forthwith forward the record to the registrar of the High Court and the High Court is in contempt of the rules of the High Court,” said Samkange.
The second basis of the application was that the second term of the High Court ends on August 6 and if the State had responded on time, the matter could have been heard before that date and as it stands, it will be heard on the third term in September.
Prosecuting George Manokore opposed the application saying it had no basis as there was no order barring the court from proceeding with the trial.