Harare – MDC-Alliance national chairperson Morgan Komichi’s efforts to delay trial in a matter in which he allegedly staged a sideshow during the announcement of presidential election results at the National Results Centre, has hit rock bottom after a Harare magistrate dismissed all his applications.
Magistrate Elisha Singano dismissed the applications on the basis of lack of merit.
His trial is set to commence on November 13.
Komichi who is being represented by Obey Shava and Jeremiah Bhamu is facing charges of contravening sections of the Electoral Act.
Last week, through his lawyers, he indicated that he wanted the V11 forms of the nine constituencies which Zimbabwe Electoral Commission (ZEC) relied upon when they announced the elections results before his trial commenced.
Komichi also made demands to the effect that the minutes of the meeting held between then Zec chief election officer Utloile Silaigwana and chief election agents of various political parties that participated in the July 30 elections where verification procedures were discussed be brought to him.
Prosecuting, Michael Reza opposed the application saying the documents Komichi wanted were irrelevant to the case.
Komichi’s applications were dismissed and he was ordered to proceed to trial before magistrate Ruramai Chitumbura.
“The accused person was given necessary documents documentation to enable him to proceed to trial as it is the right of every accused person to be given adequate documents that are required for trial,” he said.
“The court sees no relevance of the V11 forms as they are not mentioned in the state outline and there is no mentioning of how these entries will assist him in his defence.
“Requesting V11 forms is to miss the basis of the offence and the State in its submissions indicated that it did not have the documents. So it cannot be directed that the State provide what it does not have. Court is of the view that the application lacks merit and was meant to derail trial.”
Komichi again made another application for postponement of the matter on the basis that since the State could not furnish him with the V11 forms, he was taking it upon himself to look for them.
He at that time brought several boxes full of papers which he claimed were original V11 forms at the same time requesting for more time saying he was yet to retrieve the remaining V11 forms which he said were crucial for his defence.
“The meeting held by Zec was illegal and the accused will demonstrate in defence how Zec violated provisions of the electoral act and if he manages to prove that the meeting was illegal, the charge will therefore not stand.
“To demonstrate that, he needs the V11 forms and demonstrate that what was being announced by Zec was not correct,” he said.
Reza opposed the application again saying the defence team wanted the court to reveal its ruling which had already been made by Mr Singano.
He also made reference to section of 70 (3) of the Electoral Act which states that 14 days after the end of an election period all the documents pertaining to elections would be destroyed.
Mrs Chitumbura ruled in favour of the State and dismissed Komichi’s application saying there was no prejudice to the accused person if the trial commences.
She then directed that the trial proceed to trial and the State called its first witness a ZBC employee Mr Phineous Gutu who was at the said venue on the day the offence was committed.
A video clip was played in court as evidence showing Komichi staging the sideshow.
He however dismissed it saying it was doctored.