THE High Court has granted an application for stay of proceedings in a case where Citizens Coalition for Change (CCC) activists Joanah Mamombe and Cecilia Chimbiri are being accused of allegedly filing false abduction reports.
Mamombe and Chimbiri, who are being represented by Alec Muchadehama and Jeremiah Bhamu had asked the higher court to stop the proceedings of the lower court to enable it to review magistrate Faith Mushure’s ruling for discharge which she dismissed.
High Court judge Justice Munangati-Manongwa granted the application pending review.
“It is ordered that the trial proceedings against the applicants in the magistrates court be, and is hereby stayed pending the determination of the application for review in the High Court,” the judge ruled.
“The applicants shall file a complete transcript of the proceedings not later than October 7. The respondents to file opposition papers by October 21, the applicants shall file answering affidavit on October 28, heads of arguments by applicants on November 4 and respondents by November 17. The application for review shall be heard on November 17 at 10am,” Munangati-Manongwa added.
There shall be no costs on both parties.
While appearing before Mushure yesterday, Muchadehama told the court that they are seeking assistance of the court to have the record of proceedings transcribed.
Muchadehama said he wanted the proceedings of all cross-examinations transcribed.
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He also demanded rulings of exception, referral to the Constitutional Court application, and all rulings made by the court that were dismissed.
“We also want the transcript to include the records of proceedings that were done, while the record was being transcribed. We wish to include the testimony of the witness Richard Muvhuro that was not captured in the record as the cross examination was longer than what was transcribed. I also want annexures that were provided by the State that was submitted by Tapera Kazembe, and photographs of screenshots submitted,” he said.
The State, represented by Michael Reza, confirmed the development saying the only issue which needed to be addressed was the one of the records submitted at the High Court.
“The record which they submitted to the judge did not contain a single exhibit. But the point I made is that he needs to have the call records, exhibit of data usage, I didn't hear it from my brother. The judge needs to have the call records to see the station where the accused were recorded while they were on Facebook. We also want the exhibit submitted by the State to also accompany those records,” Reza said.
The matter was postponed to November 18.
The two accused persons were found in rural Bindura, Muchapondwa village after they were allegedly abducted by suspected State security agents. They had been reportedly abused and tortured.
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