Wednesday, August 30, 2006

Herald Reporters Acquitted
Reporting by the Herald
SUNDAY Mail editor William Chikoto and the paper’s political editor Munyaradzi Huni, who were accused of defaming retired High Court judge Justice George Smith in an article published three years ago, were yesterday acquitted by a Harare magistrate.Harare magistrate Mr William Bhila ruled that the pair, together with their two alleged accomplices, Mr Munyaradzi Bhadiyi of Zimrights and the director of Shoreline Investments Private Limited, Mr Trevor Francis Batezat, be removed from further remand after the State failed to prosecute the matter.In the defence application for refusal of further remand, it was submitted that the four religiously attended routine remands for the past five months but the State could not provide them with a trial date within a reasonable time. At all material times, it was argued, the matter was postponed at the insistence of the State. Mr Bhila added that the State would proceed by way of summons if more evidence arises. The four were being charged with criminal defamation or alternatively contempt of court.The State, led by prosecutor Mr Chris Mutangadura, alleged that in December 2002, Justice Lawrence Kamocha presided over a case in which Shoreline Investments represented by Mr Batezat was the applicant and another company Permason Private Limited was the respondent at the High Court. According to the State outline, the nature of the application was that Shoreline wanted to be granted an order to restore its vehicle that had been impounded by the police in Beitbridge.Upon hearing the merits of the case from both parties, it was alleged, Justice Kamocha ruled in favour of Shoreline, which did not go down well with Permason.The State further alleged that Permason immediately appealed against the ruling seeking determination of the real ownership of the vehicle in question.It was also the State’s case that the matter was heard before a different judge, Justice Smith, who ruled that the vehicle had to be surrendered to the deputy sheriff for safekeeping pending determination of ownership

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