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Senior Court Reporter
A Harare magistrate will next week rule on whether or not the case in which MDC-T officials accused of compiling illegal dockets against Government officials should be referred to the Constitutional Court.Thabani Mpofu, Felix Matsinde and Mehluli Tshuma, all former public prosecutors, and Warship Dumba, a former Harare city councillor, are facing charges of impersonating the police, possessing articles for criminal use and breaching the Official Secrets Act.

The quartet, through their lawyers Mr Alec Muchadehama and Mr Chris Mhike, raised constitutional issues, which they said could only be dealt with at the Constitutional Court. They argued that their rights were violated during their arrest accusing the police of inhuman treatment. The defence would submit their closing submissions by September 24 and the State would respond on September 27. Magistrate Mr Tendai Mahwe would pass the ruling on September 30.

Prosecutor Mr Michael Reza said the State was not going to call any witnesses to testify on the allegations made by the quartet. He said there was no evidence whatsoever to show that any of their rights were infringed. Allegations against the four arose on March 17 when detectives received information that they were in possession of dockets they were privately compiling to discredit the judicial system.

It is alleged, in the dockets, that they claimed that the police and the AG had failed or refused to investigate cases of corruption involving prominent people in Government. It is alleged the four had documents of police Commissioner-General Augustine Chihuri’s background and another titled Case for a full investigation into the Ministry of Lands-system of issuing offer letters 1 September, 2009 .

A team of detectives went to Mpofu’s home and found some of the documents, including a laptop and a pistol. The State alleges that the suspects indicated that they were legal advisors to the then Prime Minister Morgan Tsvangirai and were researching on alleged corruption and criminal abuse of office and the appointment of Comm-Gen Chihuri.

Investigations also revealed that the accused were being bankrolled by the Institute for a Democratic Alliance for Zimbabwe, the court heard.