Zvikomborero Parafini, Court Reporter
FORMER Health minister David Parirenyatwa has withdrawn an urgent chamber application in the wake of the High Court’s ruling on ex cabinet colleague, Prisca Mupfumira’s application.
Representing Parirenyatwa, Advocate Metha said they filed an application for review on March 2 and a further application for stay of proceedings was filed two days later.
“The matter was set down on March 6 and on the same day, the Mupfumira-Masoka judgement was handed down, a judgement by two judges in the newly set up Anti-Corruption courts in the High Court and after careful consideration, the urgent chamber application for stay of proceedings was withdrawn as we realized that we had jumped the gun.
“In the ruling the two judges ruled that the High Court will not, in the exercise of its review powers interfere with the proceedings in the magistrates court, unless there are rare cases of severe injustice,” said Metha.
As such, the ruling by the High Court consequently meant that aggrieved parties in a trial should make an appeal upon its finalization.
Without the urgent chamber application, Metha applied for presiding magistrate Eljah Makomo to grant an adjournment of the matter pending finalization of the matter in the High Court laying out the grounds of review in the matter.
Metha argued that the application for discharge, which prompted the review, was unfairly dismissed, as the evidence led by the State was inconsistent and was not linking Parirenyatwa to the offence.
“The principal witness Gorge Washaya, was grossly unreliable and there was no suggestion in you ruling of how damaging the impeachment of the State’s key witness was to the State case,” he said.
Metha further accused Makomo of being unreasonable and irrational by ordering Parirenyatwa to his defence.
Brian Vito of the Special Anti-Corruption prosecution opposed the application.
Makomo ruled in favour of the State and ordered the defence case to commence forthwith and Parirenyatwa will be back in court today for trial continuation.