Advocate Martin Dinha
Fidelis Munyoro Chief Court Reporter
The trial of Mashonaland Central Provincial Affairs Minister Martin Dinha hit a snag yesterday after the case was deferred to tomorrow for the High Court to hear a defence application for referral to the Constitutional Court.
Dinha is facing charges of allegedly extorting $60 000 from a white commercial farmer as protection fee against eviction.
Through his lawyer, Advocate Thabani Mpofu, Dinha raises constitutional issues following Justice Happias Zhou’s ruling earlier this month declining to postpone the trial until the de-classification of certain State secrets that Dinha wants to use in his defence.
The matter was deferred to enable both the defence and State counsel to file their heads of argument today ahead of the hearing tomorrow.
Dinha wants the court to refer his case to the Constitutional Court arguing that his right to a fair trial was infringed upon after Justice Zhou ordered his trial to go ahead without him being given the critical documents for his defence.
He also argues that his lawyer is now afraid to represent him if he cannot access the critical evidence for his defence.
“My counsel has already indicated that he is unable to defend me if he does not have access to the evidence in question as he does not wish to end up being a subject of criminal proceedings,” said Dinha in his application filed at the High Court.
He argues that his right to fair trial under Section 69(1) of the Constitution of Zimbabwe was violated.
“Such right cannot be upheld if the State is allowed to conceal from court exculpatory evidence, neither can justice be served if I do not get the opportunity to mount a competent defence,” Adv Mpofu said.
“I submit that the determination made by the trial court is insensitive to my right to fair trial, therefore constitutionally invalid.”
Dinha further stated that after the court ruling on November 3, he did all he could to ensure that the documents he needed were de-classified and placed into counsel’s possession but with no joy.
“Unfortunately I cannot in these proceedings refer to the steps that I have taken in this regard as that has security implications,” he said. “The bottom line is that I have failed to make any headway and my interest are therefore at risk.”
The State has opposing the application for lack of merit.
On November 3 Justice Zhou ruled that Dinha had ample time to put his house in order from the day he was indicted for trial on August 31.
“He had ample time to institute whatever measures were appropriate and enabled him to access the documents, which he needed for the prosecution of his defence. He did not do that.”
The judge then told Dinha to make arrangements between November 3 and yesterday to ensure he filed his defence.
Dinha (53) is being charged for criminal abuse of office or alternatively bribery.
He is also facing money laundering charges. He is out of custody on $1 000 bail.
He allegedly demanded $60 000 from Mr Guy Frank Dollar as protection fee against eviction from Tsoro Farm in the Centenary area.
Adv Mpofu is instructed by Mr Tapson Dzvetero of Antonio and Dzvetero Legal Practitioners.