HARARE – The High Court has stayed Hopewell Chin’ono’s trial in the lower court pending finalisation of a challenge lodged by the journalist who argues charges of defeating the course of justice brought against him did not constitute any criminal offence.
Chin’ono landed in the dock in 2020 after he allegedly posted on Twitter claiming some unnamed acquaintances within the National Prosecuting Authority (NPA) had confided in him that Zimbabwe Miners Federation boss Henrietta Rushwaya was going to be granted bail after a foiled attempt to smuggle gold.
Rushwaya had been busted with over 6kg of gold as she prepared to fly to Dubai through the Robert Gabriel Mugabe International Airport.
Chin’ono’s trial is at the Harare Magistrate’s Court.
In a twist to his trial, Justice Paul Musithu has since ordered the lower court to halt trial pending determination of the investigative journalist’s application for stay of proceedings.
Judgement on the application will be handed down on June 10 this year.
Justice Musithu ruled, “Whereupon after reading documents filed of record, and hearing counsel, it is ordered by consent that the second respondent (State) shall file its heads of argument on or before 31 March 2023, thereafter the matter shall be set down for hearing on the 10th May 2023 at 10 am.
“Judgement in this matter shall be handed down on or before June 10, 2023.
“The criminal trial under case number ACC 235/20 be and is hereby stayed pending the final determination of this matter.”
Trial was ongoing before magistrate Marewanazvo Gofa who has been cited as the first respondent in Chin’ono’s application.
When Chin’ono got arrested for the alleged offence in 2020, he was on bail on another criminal charge of inciting public violence ahead of anti-corruption protests that had been called by the opposition for July 31, 2020.
The state then accused him of breaking his bail conditions by allegedly creating contacts with prosecutors who allegedly shared sensitive information claiming Rushwaya was going to be freed on bail.
The state had initially consented to Rushwaya’s bail but later made an about turn.
The state said Chin’ono’s tweets had the potential to jeopardise Rushwaya’s case.
Rushwaya is understood to be a niece to President Emmerson Mnangagwa.