ZAKA senator Misheck Marava (MDC-T) yesterday breathed a sigh of relief after the Prosecutor-General (PG)’s Office conceded to granting him permanent stay of prosecution in a matter where he was accused of causing the death of one Gibson Masarira 12 years ago.
SENIOR COURT REPORTER
Marava, who was being represented by MDC-T spokesperson Douglas Mwonzora, had taken the State to the Constitutional Court challenging the delay in prosecuting him over the alleged culpable homicide case.
According to the facts of the matter, the Senator was charged with the offence alongside 18 other suspects on allegations of beating Masarira to death on January 9 2002.
However, on January 22, he was released on bail by the High Court but policeon October 13 2003 recorded his statement and the same statement was formally confirmed by a Zaka magistrate a year later.
Three years down the line, on July 9 2007, Marava was summoned to appear in court for trial in Masvingo, but the trial failed to materialise. Marava was again summoned seven years later sometime in June 2014 and again the trial failed to kick off at Masvingo Magistrates Court, with the State not providing the reasons for the failure.
The delays in bringing the Senator to trial prompted him to approach the ConCourt seeking to bar the State from trying him over the offence arguing infringement of his constitutional right to a fair trial within a reasonable time.
Mwonzora said the delay in bringing his client to trial by the State was inordinate and unreasonable hence the application for permanent stay of prosecution.
The PG’s representative Richard Chikosha told the court that his office was no longer opposed to the application and the matter was dealt with by consent.