By Lionel Saungweme| Now dubbed the MDC-T Dozen Case, twelve MDC-T cadres accused of disrupting a 4 March 2018 “meeting by throwing stones at the premises and cars … parked outside thereby injuring people, damaging vehicles and MDC-T party provincial offices” appeared at the Bulawayo Magistrate’s court today. The accused are charged with public violence, as defined in Section 36(1)(b) of the Criminal Law (Codification and Reform) Act Chapter 9:23.

Although complainant Witness Dube told the court that damages to one of five vehicles is “well above US$10 000,” the state outline records that the “total value of damaged vehicles is $5200 and value for damaged five-office window panes is $150.”

Today’s hearing began with Dr Kayeye, of United Bulawayo Hospitals, taking the witness’ stand. He told the court that Witness Dube, who was allegedly assaulted outside the party offices on 4 March 2018, came to him “with a police requisition asking for the doctor to write an affidavit after medical examination.”

In his findings, Dr Kayeye noted that Witness Dube sustained a six centimetre laceration on the forehead after being “hit by blunt and sharp object”. The medical doctor found the wound severe.

After Dr Kayeye’s submission, lawyer Prince Bhutshe-Dube of Mathonsi Ncube Law Chambers immediately began his cross examination. Bhutshe-Dube argued that Dr Joseph Martin Kayeye’s medical affidavit “has four signatures and two different dates and therefore cannot be produced in court as an affidavit because it has not been properly commissioned in terms of the Criminal Procedure and Evidence Act [Chapter 9:07].”

The document was purportedly signed by Dr Kayeye on 10 March 2018 but purportedly commissioned on 13 March 2018. This implies the doctor had not appeared before a commissioner of oaths and therefore cannot be called an affidavit.

In addition there were three different signatures, the fourth one being that of the commissioning officer. A properly commissioned affidavit is signed by two people. That is to say one person takes an oath while another, commonly known as a commissioner of oaths, places an official stamp and signature on the document.

The state’s case seemed to flounder when Dr Kayeye told the court that Witness Dube “was hit by a stone” prompting Bhutshe-Dube to gleefully ask “how do you know he was hit by a stone?” Dr Kayeye expectedly replied, “I read the police report” to which Bhutshe-Dube asked in rhetoric, “Of what use are you to the court if you, as a medical doctor, are going to rely on the police report?”

After Dr Kayeye’s cross examination, prosecutor Liane Nkomo closed the state’s case. With consent of the state, Bhutshe-Dube told the court that he will file his closing submissions on 11 June 2018. A request that the case be remanded for ruling on 21 June 2018 was also agreed to by the state and defence.