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Prosper Dembedza Court Correspondent

The trial for ZIFA president Felton Kamambo who stands accused of bribing councillors to enable his ascension to the top post continued today with his lawyer advocate Tawanda Zhurara complaining about the arrest of key witness Mr Robert Matoka.

Matoka was arrested and summoned to the police last month before being released that same day after the court declared him a hostile witness.

Advocate Zhuwarara told the court that such an arrest on a witness who was subjected to cross examination has a chilling effect on other accomplice witnesses who are set to testify in this matter.

On our last court day as we were leaving the court premises I saw police detectives arresting the witness on the same allegations that are being faced by the accused person.

“The difficulties I have now are that the arresting of a witness who is in the dock and has not completed testifying has a chilling effect on other witnesses who are yet to testify,” he said.

Advocate Zhuwarara added that a constitutional question will then arise on whether the accused person would have a fair trial.

Responding to advocate Zhuwawo’s complains prosecutor Mr Micheal Reza said police only advised Matoka that they have certain investigations which they wanted to conduct with him.

“An accomplice witness has certain privileges to enjoy but when that witnesses makes a u turn and try to destroy the State’s case he can be declared hostile,” he said.

Harare regional magistrate Mrs Bianca Makwande deferred the matter to June 29 for trial continuation.

Matoka’s arrest came after he was declared a hostile witness by Mrs Makwande following an application by Mr Reza.

In the application, Mr Reza told the court that Matoka had departed materially from his two statements and therefore, should be declared a hostile witness.

Before leading evidence from Matoka yesterday, Mr Reza had told the court that if he testifies the truth he would be absolved from any form of prosecution but if he lies under oath that cover would be removed and he would be arrested.

Soon after Mrs Makwande’s ruling, Mr Reza told the court that Matoka had been declared a hostile witness and could now be arrested because the cover of not being prosecuted had fallen away.