THE State is fighting to stop Citizens Coalition for Change activists Joana Mamombe and Cecilia Chimbiri’s bid to produce a ZBC documentary in support of their application for referral to the Constitutional Court.
The two who are accused of faking their alleged abduction in 2020 are alleging that their constitutional rights have been violated and want the apex court to determine the case.
Appearing before chief magistrate Faith Mushure yesterday, the two pointed to a documentary that was aired on ZBC on September 9 which sought to claim that they had falsified their abduction.
Through their lawyers, Alec Muchadehama and Jeremiah Bamu, the two managed to obtain the documentary from ZBC head of news Albert Chekai and want to produce it in support of their application.
It is their argument that the effects of the video which was aired on television is behind their fear that they will not get a fair trial.
“The video was aired on September 9, 2020 and this is in support of the referral application on the basis that the applicants will not get a fair trial because there has been incessant adverse publicity calculated to influence the proceedings,” Muchadehama submitted.
The State represented by Michael Reza and Tafara Chirambira argued that the defence had used wrong procedure in seeking to produce the video, saying it was a “procedural irregularity”.
They argue that the video should be produced through the person who made it.
It is their further argument that the two were appearing before the highest court which cannot be swayed by what happened on television.
“We are strongly opposed to the production of this irrelevant and inadmissible evidence,” Reza submitted.
The court will rule on the issue on February 16.
The two who have since been led on stand said they are concerned that what government officials say on social and public media comes to pass in courts which is a violation to their right to a fair hearing.
The State on the other hand argues that the courts are independent and are not swayed by what happens on social or public media.