A HARARE magistrate has given the State another chance to revive its case by allowing the recall of a witness in a matter in which Citizens Coalition for Change activists Joana Mamombe and Cecilia Chimbiri are accused of faking their abduction.
Last week, chief magistrate Faith Mushure dealt the State a blow after she declined to admit their exhibits which they sought to use to nail the two for want of procedure.
This came after the State sought to produce the exhibits in re-examination which was challenged by the duo’s lawyers Alec Muchadehama and Jeremiah Bamu.
The State then made an application to recall the witness, a spectrum manager from Potraz Tapera Kazembe for the purpose of tendering the documents which he reportedly prepared in a bid to show that the two’s cellphones were active at the time they were reportedly in forced disappearance.
The magistrate yesterday granted the application by the State saying it was in the “interest of justice” that the exhibits be accepted and also granted the defence an opportunity to cross examine Kazembe on the exhibits.
The court also had words for the State saying it should have been diligent in handling the matter by following proper procedures.
The State then sought to tender the exhibits again, which the defence objected saying it was unlawful and also arguing that Kazembe was not a competent witness.
They argued that the procedure by the State was not covered at law.
“It is not automatic that because a witness has been recalled then the annexures will automatically be admitted. The accused persons have a right to challenge their production.
“The through his testimony the witness says he is a spectrum manager at Potraz and his duties are to maintain, upgrade plans and see who is using frequency and if it is in terms of the law.
“These are not documents from Potraz but by a witness as requested by the police for reasons known to them. There is no evidence that this witness is an expert but a mere manager and there is no affidavit explaining his evidence,” Muchadehama submitted.
He added: “From his testimony, it is interpretation from call data records from Econet and Econet is better placed to explain them. The state is seeking to have you overturn your earlier ruling. The attempt is misplaced”.
But the State insisted that Kazembe is a competent witness through whom the documents could be produced.
They said a witness from Econet would come and testify on the documents.
The court will rule on the matter on Monday.