THE High Court has suspended top journalist Hopewell Chin’ono’s trial in a case he is accused of defeating the course of justice.
Chin’ono is challenging the charge arguing that it does not constitute a criminal offence, which has resulted in the trial being stopped.
Chin’ono landed in the dock in 2020 after he allegedly tweeted that he had spoken to some members of the National Prosecuting Authority (NPA) who told him that Henrietta Rushwaya was going to be granted bail in a case she had been accused of smuggling gold.
High court judge, Justice Paul Musithu granted Chin’ono’s application for stay of proceedings to hear his present challenge.
Judgement on his court application will be handed down on June 10.
Justice Musithu ruled: “Whereupon after reading documents filed of record, and hearing counsel, it is ordered by consent that the second respondent (State) shall file its heads of argument on, or before March 31, 2023, thereafter the matter shall be set down for hearing on the 10th May 2023 at 10 am. Judgement in this matter shall be handed down on or before June 10, 2023.
“The criminal trial under case number ACC 235/20 be, and is hereby stayed pending the final determination of this matter.”
Trial was ongoing before Harare magistrate Marewanazvo Gofa, who he cited as the first respondent in the application.
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Rushwaya was at that time in the cells following her arrest after she was allegedly caught trying to smuggle 6kgs of gold to Dubai.
At the time, Chin’ono was out on bail on another criminal charge of inciting public violence ahead of the #31July anti-corruption protests.
The State then accused him of breaking his bail conditions by creating contacts with prosecutors from the NPA who allegedly then informed him that Rushwaya was going to be granted bail.
The State had initially consented to Rushwaya’s bail, but later made a U-turn following Chin’ono’s tweets.
The State said Chin’ono’s tweets had the potential to jeopardise his earlier case which was before the same courts, and that of Rushwaya.
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