HARARE – Former vice president Phelekezela Mphoko’s trial for criminal abuse of office will be held in camera, a magistrate ruled on Wednesday after prosecutors alleged his defence contained issues of national security.
“It will be prejudicial to state security if that information is heard by the public,” argued prosecutor Lavett Masuku when Mphoko appeared in court, with his wife and daughter sitting in court.
“We don’t know what will happen if his family are allowed to stay.”
Mphoko’s lawyer Advocate Thembinkosi Magwaliba challenged the application arguing that his family should be allowed to sit through the trial.
“The right concerned derives from the Constitution and can only be given away by the accused person. In this case he says proceed as you wish but you can’t cut me away from my family. Immediate family cannot be excused from these proceedings. Family members are not bound by the Official Secrets Act. I submit therefore that the court allows immediate family members to remain if it is ordered that the case be heard in camera.”
Magistrate Trynos Utshwashe granted the application by prosecutors, ensuring that the public gallery will be cleared when the trial gets underway on Thursday.
Mphoko is accused of unlawfully instructing officers at Avondale Police Station to release from custody the former Zimbabwe National Road Administration (Zinara) acting chief executive officer Moses Juma and non-executive board member Davison Norupiri. The two were being charged with criminal abuse of office.
The former vice president, who was acting president at the time, allegedly arrived at the police station at 6PM on July 12, 2016, and gave the directive.
The prosecution says he acted outside his duties and legal powers, which he denies.
