𝗪𝗔𝗟𝗧𝗘𝗥 𝗠𝗭𝗘𝗠𝗕𝗜’𝗦 𝗗𝗜𝗦𝗖𝗛𝗔𝗥𝗚𝗘 𝗔𝗣𝗣𝗟𝗜𝗖𝗔𝗧𝗜𝗢𝗡 𝗗𝗜𝗦𝗠𝗜𝗦𝗦𝗘𝗗, 𝗛𝗜𝗚𝗛 𝗖𝗢𝗨𝗥𝗧 𝗢𝗥𝗗𝗘𝗥𝗦 𝗛𝗜𝗠 𝗧𝗢 𝗔𝗡𝗦𝗪𝗘𝗥 𝗖𝗛𝗔𝗥𝗚𝗘𝗦_

𝑻𝒉𝒆 𝑯𝒊𝒈𝒉 𝑪𝒐𝒖𝒓𝒕 𝒉𝒂𝒔 𝒓𝒖𝒍𝒆𝒅 𝒕𝒉𝒂𝒕 𝑾𝒂𝒍𝒕𝒆𝒓 𝑴𝒛𝒆𝒎𝒃𝒊 𝒎𝒖𝒔𝒕 𝒆𝒏𝒕𝒆𝒓 𝒉𝒊𝒔 𝒅𝒆𝒇𝒆𝒏𝒄𝒆 𝒂𝒇𝒕𝒆𝒓 𝒕𝒉𝒆 𝑺𝒕𝒂𝒕𝒆 𝒑𝒓𝒆𝒔𝒆𝒏𝒕𝒆𝒅 𝒆𝒗𝒊𝒅𝒆𝒏𝒄𝒆 𝒕𝒉𝒂𝒕 𝒉𝒆 𝒅𝒐𝒏𝒂𝒕𝒆𝒅 𝒈𝒐𝒗𝒆𝒓𝒏𝒎𝒆𝒏𝒕 𝒑𝒓𝒐𝒑𝒆𝒓𝒕𝒚 𝒕𝒐 𝒄𝒉𝒖𝒓𝒄𝒉𝒆𝒔 𝒘𝒊𝒕𝒉𝒐𝒖𝒕 𝒇𝒐𝒍𝒍𝒐𝒘𝒊𝒏𝒈 𝒍𝒆𝒈𝒂𝒍 𝒑𝒓𝒐𝒄𝒆𝒅𝒖𝒓𝒆𝒔.

HARARE — The High Court has dismissed former Tourism Minister Walter Mzembi’s application for discharge at the close of the State’s case, ruling that the evidence presented requires him to enter his defence.

High Court Judge Justice Benjamin Chikowero delivered the ruling, finding that the State had established sufficient evidence indicating that Mzembi donated property belonging to the government to churches without following required legal procedures.

Justice Chikowero said the record clearly showed that the accused made the donations and must now explain his actions before the court.

“I consider there is evidence on the record calling for a reply by the accused,” ruled Justice Chikowero.

He noted that witnesses from the recipient churches had confirmed receiving the items, and that the property remained within those institutions.

“As at the close of the State case, the record shows evidence that the accused indeed made donations. The churches are private entities. The property did not belong to the accused.”

The judge emphasized that the central issue was not whether donations occurred, but whether Mzembi had lawful authority to dispose of State assets.

“The court’s view is that the State managed to prove that the accused made the donations and should put to his defence.”

Justice Chikowero further stated that the accused was aware that formal procedures existed governing the disposal or donation of government property.

“He donated State property. The accused was aware there were processes to be followed before donations.”

The court also observed that the defence appeared to recognize the seriousness of the State’s evidence.

“The court takes the view that counsel realised that the accused won’t be able to justify his persistence with the evidence.”

The dismissal of the discharge application means Mzembi must now present his defence. The court has effectively ruled that the prosecution’s evidence, if left unanswered, could support a conviction.

This marks a critical stage in the long-running criminal proceedings against the former minister, as the case now transitions from the prosecution phase to the defence phase.

Mzembi is expected to either testify personally, call witnesses, or present documentary evidence in an attempt to rebut the State’s case.

The trial continues.

Source: ZimEye