By A Correspondent| Gospel musician Ivy Kombo and her husband Andy Kasi, accused of illegally acquiring certificates to practice law in Zimbabwe, have lambasted the State, alleging underhanded tactics in their prosecution.
Their lawyers, Admire Rubaya and Everson Chatambudza, depicted a scenario akin to “Animal Farm,” where the State deems itself a superior litigant, wielding unfair advantages.
“The State is creating an animal farm scenario where ‘all animals are equal, but some are more equal than others,'” assert Rubaya and Chatambudza, criticizing the State’s unilateral actions favoring its stance.
They contend that the State’s recent move, spearheaded by District Public Prosecutor Mr. Tafara Chirambira, to involve High Court Judge Justice Sylvia Chirau Mugomba, is a desperate bid to salvage a crumbling case.
Rubaya and Chatambudza argued that this maneuver constitutes simultaneous investigation and prosecution, a flagrant violation of legal norms.
They expressed concern over the State’s tendency to introduce new evidence mid-trial without proper disclosure, citing an email document admitted as evidence without prior notice.
“The State initially applied for the production of a document it claimed was an email allegedly sent from the 3rd Accused person,” lament the defense lawyers.
“The alleged email document had not been served on the accused persons prior to the commencement of trial but notwithstanding clear provisions of the law and the constitutional command, the State’s application was gratuitously granted to the grave prejudice of the accused persons.”
Moreover, they argued that the State’s bid to compel the court to call Judge Chirau Mugomba as a witness further prejudices their clients.
They asserted that such a request exceeds the State’s authority and undermines the court’s autonomy.
“It is the Accused persons` considered view that the provision cited does not entitle a party to apply to the court for it to invoke its powers in terms of that provision,” they contended.
“The understanding of the accused persons counsel is that the provision can only be used by the Court on its own accord to call and/or recall witnesses not for a party to make an application inviting the court to exercise such special powers without statutory support.”
The defense awaits Regional Magistrate Feresi Chakanyuka’s ruling on the matter, slated for Monday.