THE State Monday reversed its promise to withdraw insult charges against William Gerald Mutumanje, saying he was going to stand trial.
Known as Acie Lumumba, Mutumanje landed in the dock after he allegedly insulted President Robert Mugabe with an F’word slur.
On Monday, he appeared before magistrate, Nomsa Sabarauta, looking forward to being formally freed. He also told court through his lawyer David Hofisi that he had booked a morning flight to South Africa.
On May 24, prosecutor Edmore Nyazamba confirmed before a full ConCourt bench that the state was going to withdraw charges against Lumumba propelled by the (Douglas) Mwonzora case which had been brought to their attention.
Mwonzora was, in 2015, cleared of any wrong doing following allegations that he called Mugabe a goblin. He faced the similar charges that are being faced by Lumumba of undermining authority of or insulting the president.
On Monday, prosecutor Venancia Mutake applied for the matter to be remanded to July 18 pending trial preparations because the matter had been withdrawn from the Concourt.
Hofisi responded with an application for further remand refusal and slammed the State for being “unprofessional and unethical, and there was no way that the accused person could agree to a trial date on such circumstances”.
“Today the accused person attended at court expecting the State to hold to its own word and had already booked a flight to South Africa anticipating the end of this matter. However, the State informed me there has been no such communication from NPA.
“This is treacherous and is indicative of institutional insincerity and absence of due regard of the proper administration of justice. On the face of it securing a withdrawal of a court application on an undertaking which is not honoured shows no respect for the courts.”
Hofisi and Mutumanje had approached NPA Monday morning and were attended by Justin Uladi – Nyazamba’s supervisor-who advised them that the State now wanted to argue the constitutional matter.
The case will continue Tuesday after the State was ordered to get proper communication on how they intend to proceed.
Sabarauta said she can only make a decision after the state puts its house in order.-newzim
