Home » Judicial » Mliswa Remains in Custody

Former Zanu-PF Mashonaland West provincial chairman Temba Mliswa’s two lawyers were yesterday charged with contempt of court and fined $50 each, while their client was remanded in custody to today.

The lawyers Mr Charles Chinyama and Mr Musindo Hungwe caused delay in Mliswa’s bail hearing when they only turned up at court around 2pm for a session that was scheduled for 8:30am.

Their action resulted in the court failing to finalise the bail hearing because there was no longer time to do so.

The hearing was deferred to 11:15am before it finally took off at 2:15pm with the investigating officer Detective Assistant Inspector Masimba Mputa making submissions on why Mliswa should not be released on bail.

Mr Chinyama and Mr Hungwe apologised for their no-show in the morning.

“Your honour, we were engaging head office (office of the Prosecutor-General) to find out the possibility of our client being admitted to bail,” said Mr Chinyama.

“We were of the mistaken belief that by engaging the other party we can save the courts time for submissions. We apologise for keeping you waiting the whole day.”

The magistrate Mr Ignatius Mugova then charged them with contempt and slapped them with the fines or five days in prison.

“I do not want to embarrass the defence counsel, but if you were here by 8:30am as agreed, I would have delivered my ruling today (yesterday),” he said.

It emerged during submissions by Det Asst Insp Mputa that although eight rifles were recovered from Mliswa, the complainant Mr Myles Walter Hall only positively identified six of the guns.

He said he had leads on the location of the two other firearms and he feared Mliswa’s release could jeopardise investigations.

Mr Chinyama said the police should not start investigations after arrest.

“What comes first?” he saked. “Do you (investigating officer) want the court to rubber stamp your desire to have him (Mliswa) detained while you carry out your investigations?”

Mr Chinyama said when the investigating officer received information that could lead to the recovery of the other two rifles, he should have immediately sought a search warrant.

He said Mliswa should be released on bail under reporting conditions that include residing at his Borrowdale home in Harare and never to interfere with witnesses and evidence.

Det Asst Insp Mputa said he was not aware that Mliswa had a home in Borrowdale.

He left the court in stitches when he said now that Mliswa has another house in Harare, he needed to search for more guns.

The case continues today with Mr Mugova expected to deliver ruling on the bail application.

Source : The Herald