Zvikomborero Parafini, Court Reporter
ZIMDEF boss Leornard Rwambiwa who is facing indecent assault had his application for referral to the Constitutional Court thrown out of the window after the magistrate ruled that it was ‘frivolous and vexatious’.
Presiding magistrate Yeukai Chigodora ruled that the basis for referral are provided for when a constitutional matter arises unless she deems the application frivolous or the questions being put forward are to annoy the other party as was the application in this case.
“The questions raised were meritless, the fact that he decided to remain silent doesn’t take away the State’s right to cross-examine him in his silence,” said Chigodora.
The matter was then deferred to today for the defence case.
The constitutional issue arose after Rwambiwa decided to exercise his right to silence in the defence case and not to be asked questions in cross-examination which is in contrast with the constitution.
Rwambiwa stands accused of molesting a female co-worker at the ZIMDEF premises.