Africa-Press – Zimbabwe. THE trial of Alpha Media Holdings (AMH) journalist Blessed Mhlanga and Heart & Soul TV (HStv) failed to commence at the Harare magistrates court yesterday after the State made a last-minute application to consolidate the two cases.
Prosecutor Anesu Chirenje told Harare provincial magistrate Learnmore Mapiye that the evidence in both matters overlapped significantly and warranted a joint trial.
He proposed that Mhlanga and HStv be treated as first and second accused, respectively.
“I would like to make an application for Mhlanga and HStv’s files to be married as one,” Chirenje said.
“The State is ready for trial and will be serving the accused with documentary exhibits today.
“A video exhibit has already been filed with the clerk of court.”
He added that the State was complying with legal requirements, having submitted the charge sheet and State outline to demonstrate trial readiness.
However, the defence teams objected to the proposed consolidation.
Mhlanga’s lawyer Chris Mhike argued that the journalist and HStv be charged separately. He said the State had previously refused to charge HStv as requested by the defence during Mhlanga’s bail application.
“The State initially refused to charge HStv in our pursuit for bail,” Mhike said.
“Now, on the date the trial was supposed to begin, it wants to merge the cases. If the State cannot proceed today, then my client should be removed from remand as previously promised.”
Beatrice Mtetwa, representing HStv, supported Mhike’s position and insisted that Mhlanga’s trial should move forward as scheduled.
“There is no legal provision forcing two parties to be jointly tried if they do not consent,” she submitted.
“Mhlanga is ready to be tried today, while HStv is appearing for routine remand.
“Forcing a ‘marriage’ between the two cases would prejudice our clients.”
She also said HStv was pursuing a constitutional challenge and seeking direct access to the Constitutional Court.
The court is expected to rule today on whether the two cases will be merged.
Mhlanga and HStv are facing a charge of transmitting data messages allegedly inciting violence or damage to property.
The charges stem from two Press conferences Mhlanga covered conducted with war veteran and former Zanu PF member Blessed “Bombshell” Geza on January 27 and February 11.
Geza called for the removal of President Emmerson Mnangagwa, which the State alleges had the potential to incite public unrest.
The prosecution contends that by broadcasting the interviews on HStv and YouTube, Mhlanga unlawfully disseminated messages that could incite violence.
Meanwhile, Reporters Without Borders (RSF) has released a statement calling on judicial authorities to drop all charges against Mhlanga.
If convicted, he faces up to five years in prison or a US$700 fine.
“The opening of Blessed Mhlanga’s trial is a crucial step in a case that threatens Zimbabwe’s Press freedom,” RSF said.
Sadibou Marong, the director for RSF Sub-Saharan Africa, said: “RSF calls on the Zimbabwean judicial authorities to drop all charges against his employer, HStv, and release the journalist, who should never have been arrested for simply doing his job.”
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