Star State witness chickens out in Nkosilathi Moyo’s case
Written by Administrator Friday, 08 June 2012 14:55
The trial of Zimbabwe Organization for Youth in Politics (ZOYP) Director, Nkosilathi Moyo who is facing charges of contravening section 24 of POSA (Section 24 of POSA stipulates that an organizer shall notify the regulatory authority of intention of holding a public gathering)kicked off yesterday the 7th of June 2012 at the Kwekwe Magistrate Courts. The State was supposed to call in their last witness before the Defence Counsel could also bring its first Witness, Maureen Gombakomba of Crisis in Zimbabwe Coalition.
Police officer, Mr J Mbedzi who is also Acting Officer commanding for Kwekwe District was supposed to testify but refused to come to court as a state witness against Nkosilathi Moyo and absconded court. Maureen Gombakomba was not given the opportunity to testify as the first defence witness as the trial in this matter continued with the State closing its case.
After the State closed its case the defense lawyers indicated to the Court that they intend to make an application for discharge at the close of state case in terms of Section 198 (3) of the Criminal Procedures and Evidence (CPE) Act. The Act provides that, 'if at the close of the case for prosecution, the court considers that there is no evidence that the accused committed the offence charged, hence the court shall retain a verdict of not guilty.' However, due to time limitations, they were unable to do so. The Court then advised the Defence Counsel to file the application by Monday the 11th of June 2012.
Nkosilathi Moyo was arrested together with Crisis in Zimbabwe Coalition program officers, Maureen Gombakomba and Beloved Chiweshe on the 16th of November 2011 while convening a civil society coordinating committee meeting in Kwekwe. The trio was arrested under the nefarious Public Order and Security Act (POSA) by 7 police officers and two (2) members of the dreaded Central Intelligence Organisation (CIO) led by Detective Mahlangu. Moyo spent the night in police cells before being taken to court the following day where he was remanded out of custody by Kwekwe Magistrate Letwin Rwodzi on $100 bail. Gombakomba and Chiweshe were later on released without charge.
Nkosilathi Moyo will appear in court again on the 13th of June 2012 where the Magistrate will make a ruling on the application for discharge lodged by the Defence Counsel.