Harare, (New Ziana) The High Court on Tuesday postponed hearing the bail appeal by AMH journalist Blessed Mhlanga to allow the presiding judge to determine whether the video forming the basis of the state case should be viewed or just be admitted as part of the evidence.
Mhlanga, who was arrested on February 24 on charges of incitement to commit violence, was denied bail on February 28 on the grounds that he would interfere with investigations, and remanded in custody to March 14 this year.
His lawyer, Chris Mhike of Atherstone and Cook, appealed against the denial of bail, arguing that the state case was weak and chances were high that Mhlanga would be acquitted.
On Wednesday Mhike told the appeals judge Justice Gibson Mandaza that the State, in its response to the bail application for Mhlanga, indicated that it has a strong case against him based on the video evidence.
Mhike said since the State had indicated that there is electronic and video graphic evidence, they had requested to furnish them with it without success.
He argued that in order for the court to make a meaningful determination on the veracity of the allegations against Mhlanga, it will be helpful for the evidence to be made available in court, to enable the defense to challenge it.
“Given the seriousness with which the State is opposing bail and its determination to keep the appellant in custody, we will request that the electronic and the video graphic evidence being referred to in the Form 242 be availed to the defence counsel and this honourable court just to view it so that when we address you on the weakness of the case we are on the same page,” he argued.
After hearing the defense application, Mandaza adjourned the matter indefinitely to allow him to make a determination on whether or not the video evidence should be viewed in court, stating that he would resummon the parties once he was ready with the ruling.
Allegation against Mhlanga, who is employed as a senior political reporter at HStv, are that on January 27 and February 11 this year, he recorded interviews with war veteran Blessed Geza with the intention of inciting members of the public to commit acts of violence.
Mhlanga, who was arrested on February 24 this year, first appeared in court the following day and, after hearing submissions from the prosecution and the defense, presiding magistrate Farai Gwatima deferred ruling to February 27.
Gwatima was however not able to deliver the ruling on February 27 as he had gone to attend a family bereavement.
He delivered the ruling on February 28 wherein he denied Mhlanga bail and remanded him in custody to March 14 this year, saying he was likely to reoffend as well interfere with investigations. Mhlanga’s lawyers appealed to the High Court against the denial of bail by the lower court.
New Ziana
