Jeremiah Bhamu, the lawyer of jailed Zengeza West Member of Parliament, Job Sikhala has accused the court of altering its order to disadvantage his clients.
Bhamu made the claim after magistrate Taurai Manuwere dismissed an application to have deputy prosecutor-general Michael Reza and prosecutor Lancelot Mutsokoti charged for contempt of court.
Mtetwa and Bhamu, who are taking instructions from the Zimbabwe Human Rights NGO Forum and Zimbabwe Lawyers for Human Rights, wanted Reza and Mutsokoti charged for defying an order to furnish the defence with State papers on the case.
The order was made by magistrate Feresi Chakanyuka on August 18.
Sikhala and Sithole want the State papers to allow them to prepare for the trial that has been set for November 21. Bhamu said the court could have doctored its papers to prejudice his clients. Bhamu said:
The written order with no timelines was erroneously written as it is different from what the court said that day.
An examination of the electronic record which captures what happened, if properly examined, states that the State was supposed to provide the papers at the end of day on August 18.
.. Mutsokoti (…) admitted that he was aware of the directive directing the furnishing of State papers by close of business on August 18. He confirmed that that was actually what the court ordered.
Friday, Bhamu said the court should order Mutsokoti to provide him with the papers on September 12.
Manuwere said he will rule on Bhamu’s application for the court to set new timelines. The magistrate said he wanted to find out if the court had the powers to do so.
Sikhala has been in jail since June when he was arrested together with 14 other Citizens Coalition for Change (CCC) activists over the 14 June Nyatsime violence which erupted during the funeral wake of slain Moreblessing Ali.