HARARE West legislator Joanna Mamombe and accomplice Cecelia Chimbiri, objected to the leading of evidence from a witness from Econet in the matter they are being accused of publishing falsehoods.
The duo appeared before chief magistrate Faith Mushure.
The State, represented by Michael Reza, intended to lead evidence from Godfrey Mangezi, who prepared a crucial document in the trial.
Alec Muchadehama, on behalf of the duo, objected to Mangezi giving evidence on the basis that they were not furnished with his statement before the start of the trial.
“We weren’t given a statement from the witness that the State intends to call, we were not aware that they wanted to call him as a witness.
“We were given a letter that the witness wrote to the police upon which the police were asking him for certain information and this puts us in an awkward position,” he said.
Muchadehama further told the court that he relied on case law that states that an accused person is entitled to witness statements in order to prepare their defence before trial.
Prosecutor Reza argued that the objection was baseless.
“There’s a document from Econet that was prepared by Mangezi and, of particular importance in this matter, is a warrant for search and seizure 3525/20 to provide subscriber details for 0773***914 and 0779***370.
“The information, which was required was for Econet to provide registered owners and call history from 1 -20 May 2020.
“The defence was fully aware that Mr Mangezi, from Econet, was coming to testify on registered owners and data usage in respect of those numbers and the call histories of those numbers.
“Those are the three areas of interest in respect of Mangezi.
“It’s incorrect to say that they aren’t aware of what this man is going to testify about as they signed for the documents that they received in preparation for trial, this application ought to be dismissed for trial to continue,” he said.
The matter is back in court today for ruling.