HARARE, March 12, (NewsDayLive) -High Court judge Justice Gibson Mandaza has indefinitely adjourned the bail hearing for Heart&Soul Television (HSTV) senior journalist Blessed Mhlanga to consider an application for the use of video evidence.
Justice Mandaza said he would advise of the new date for the bail hearing after reviewing the defence's request for electronic and video recording forming the basis of the State’s case against Mhlanga, who was arrested a fortnight ago on charges of inciting violence.
The journalist’s lawyer Chris Mhike told Justice Mandaza on Wednesday that the evidence would help the court make its verdict from an informed point of view after noting the discrepancies between the request for remand form and the alleged video recording being relied on in the case.
"I tried to engage the state before commencing the court, but he was not interested in allowing the appellant to challenge the evidence,” Mhike said.
"We can have an adjournment to midday to allow the State to avail this evidence.
"This is important because the State presented the accused with quotes of words that have been allegedly transmitted, which are completely different from the words on the request for remand case.
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"The prosecutors have a warned and cautioned statement, which they cannot release because of the privilege they have on the docket.
"We believe the importance of video graphic evidence will cure our arguments.”
But the State said the defence should have requested the said evidence at the magistrates court where Mhlanga initially appeared.
Mhike challenged the States assertion that he did not request the evidence at the magistrates court and referred the judge to the court transcript saying he had tried to request the said evidence, but magistrate Farai Gwitima refused to cooperate.
"lt is not true that the issue of evidence arrived for the first time on these proceedings,” he argued.
“We did point to the issue of electronic and video graphic evidence at the lower court and we did attack the credibility of that evidence, so it is a continuation of the request from what we did at the lower court.
"We are raising this issue for the second time with the hope that the High Court will have a fairer hearing as the magistrate court did not want to hear anything of that sought.
"The State seems to entrench the views of the magistrates’ court, so in our grounds of appeal we challenge the reasoning of the magistrates’ court."
