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Judge yet to make ruling on MLF treason case


THE State and defence counsels made their written submissions in the treason case involving Mthwakazi Liberation Front (MLF) activist Charles Thomas after he completed his defence submissions at the Bulawayo High Court.


Judgement on the matter has been postponed to an indefinite date.

Thomas, who was being represented by Advocate Lucas Nkomo instructed by Advocate Robert Ndlovu, was put on his defence and cross-examined by Lavock Masuku on charges of allegedly attempting to overthrow President Robert Mugabe’s government through unconstitutional means.

Thomas was arrested after allegedly being found distributing MLF flyers and calendars deemed to be subversive by the State.

Last month, Thomas’ defence case closed and retired Bulawayo High Court judge Justice Nicholas Ndou, sitting with assessors Fanuel Damba and Elliot Nyoni, ordered that the State makes its final submissions in the case on February 3 and the defence on February 10.

Ndlovu said the State and defence had since made their submissions as ordered by the judge.

“We have since made our written submissions. All is in order now and we are waiting for the judge to make a ruling,” he said.
Ndlovu said the date judgment would be delivered had not been set.

Thomas has denied distributing the said “subversive material” or the attempt to overthrow the government through unconstitutional means.

At the close of his defence, Thomas told the court that he was arrested just a few minutes after receiving flyers and calendars from one Eddimos Khumalo based outside the country and he had not even read their contents and does not know what the material contained up to this day.

Thomas was arrested by Constable Alex Chidhakwa at Entumbane Complex on March 3 2011 for allegedly distributing flyers and calendars with the purposes of encouraging people to revolt against the government.

Nkomo called a defence witness Zotha Mpofu, who said on the day Thomas was arrested, they were together and he had not seen him distributing the said material as alleged.

Thomas also told the court that he was severely tortured by police at Entumbane and Bulawayo Central police stations respectively following his arrest.

Thomas had been jointly charged with MLF leader Paul Siwela and John Gazi.

Gazi has since been acquitted owing to lack of evidence while Siwela skipped bail and fled into self-imposed exile to an unknown destination.

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