MDC vice-president Morgen Komichi, who is accused of disrupting the announcement of presidential election results by the Zimbabwe Electoral Commission, yesterday demanded the V11 forms which were used to form the basis of the charges against him.
Komichi who is represented by Obey Shava, told Harare magistrate Elisha Singano that the trial could not proceed without the famous V11 forms of nine constituencies which Zec relied upon.
He also demanded the minutes of the meeting held between then Zec chief election officer Utloile Silaigwana and chief election agents of various political parties that participated in the July 30 elections where verification procedures were discussed.
“Your worship there are housekeeping issues which I want cleared before the trial. I am applying for a court order requesting further particulars which are necessary and very critical for my defence,” Shava said.
“Some of the particulars include police diary, minutes of the meeting held between the Zec CEO and chief election agents of various political parties that participated in recent elections and the V11 forms which ZEC relied upon in announcing results of nine constituencies that formed the basis of the charges.
We are seeking a court order directing the State to furnish us with the particulars.”
But State prosecutor Michael Reza opposed the application saying they had prepared for the trial and Shava could have picked the papers two weeks ago but failed to collect them.
“The V11 forms are irrelevant in this matter.
The accused is being charged for disrupting the announcement of the results and all witnesses pertaining to the case are here and ready to testify,’ Reza said.
“The State is only interested in the accused person defending himself on why he disrupted the announcement of the results and that has nothing to do with V11 forms.
We have already set a room to view the video evidence of the accused person committing the offence.”
The defence will file its court application for the release of the V11 forms that forms the basis of the allegations on October 25 and the State will respond on October 30.
Singano will then deliver his ruling on November 1.
The State witnesses are Silaigwana, Zec security officer Congry Chivira and Phenious Gutu who were all in attendance.
Komichi (54) is being charged for violating section 186 of the Electoral Act (Chapter 2.13)
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