State Prosecutor, Michael Reza yesterday opposed to the use of a ZBC Documentary on the abduction of Citizens Coalition for Change activists Joana Mamombe and Cecilia Chimbiri saying it was irrelevant and had no proof required for the duo’s trial.
This followed the duo’s lawyer’s application to have the documentary used as part of evidence in their ongoing trial for faking abduction.
Reza told the court that he did not the origins of the documentary which he said could have been produced by an independent person.
“The state is opposed to this irrelevant evidence which is contaminating this court. Your worship on all fronts this piece of evidence is nothing,” said Reza.
He said that the Criminal Evidence Act is clear with regards to a record of proceedings from the registrar.
“Procedure irregularities, it is not a record and it must not be produced from the bar. The question of law is that have the legal requirements met?
“Our laws do not relate to video evidence in relation to this case but the process of production of evidence is the same .This scenario there is no witness but the defense are just claiming that there have a flash disk with evidence,” said Reza.
However, the duo’s lawyer Jeremiah Bamu argued that the video was aired and should be used because of the influence it contains towards the accused persons.
“What the state is saying is ‘we want to know who produced the video’ and it is not important but what is in the video.
“Nothing have been challenged by state even in terms of civil evidence, you notice that the accused produced the same video, as witness has not appeared before this court, but the accused had already produced the video as evidence in their affidavit,” Bamu argued.
He added, “Rules of procedures must also consider the matter of fundamental human rights as a result the court can use the video as evidence in relation to this case.”
The matter was postponed to 16 February for ruling.
