CCC deputy national chairperson Job Sikhala yesterday lost his bid to take to the Constitutional Court his charge of obstructing the police from carrying out investigations into the violence and killing of Ms Moreblessing Ali in Nyatsime after the court ruled that his application was fatally flawed and invalid.
And so yesterday his trial continued after several applications for delays that have now all been rejected.
Harare regional magistrate Mrs Marehwanazvo Gofa ruled that issues that Sikhala wanted to be determined by the Constitutional Court were groundless, hopeless and lacked seriousness on his part.
Sikhala wanted the Constitutional Court to determine whether his constitutional rights were being infringed upon during the course of the on-going court proceedings and decide whether his rights to equal benefit of the law had not been violated.
In his application, Sikhala filed an affidavit which the court ruled as defective as it was not commissioned.
“The applicant tendered an affidavit which was marked as an exhibit. The affidavit was not commissioned and this makes the affidavit faulty. Once the affidavit is faulty its validity then falls away,” Mrs Gofa said.
She said failure by Sikhala to file an affidavit which complies with the court rules showed that he was not serious in his application.
“The application is fatal and invalid before the court. The questions he raised and that he wants to be determined by the court are groundless, hopeless and lack seriousness,” Mrs Gofa said. His trial then continued with Sikhala tendering a supplementary defence outline wherein he denied ever posting the video with intent to hinder police investigations.
He told the court that he was not the one who recorded and posted the video, as alleged by the State.
Sikhala also denied knowing that police were undertaking investigations at the time the video was recorded.
Inspector Elliot Muchada then testified and told the court that after going through the video, police concluded that his utterances could potentially sway police attention during investigations.
“After going through the message we discovered that it had a potential of defeating the course of justice because in his introductory remarks he said, ‘taungana pano kuzochema umwe wedu akaurawa neZanu PF’.
“Those people who were being addressed and others who see the video would be made to believe that she was killed by Zanu PF. We rely on members of the public in some of our investigations and this could mislead investigations. Police would direct their focus and start interviewing Zanu PF supporters.
“This is because he said the deceased was murdered by Zanu PF,” he said.
Insp Muchada shot down claims by Sikhala that he was not aware of any investigations during that time saying it was common cause that whenever a murder case has been reported, police investigations would then ensue.
He said the police were made to believe that Sikhala instructed someone to record and post the video.
Sikhala is expected back in court on Monday for trial continuation. – The Herald
