Jestina Mukoko wept bitterly when she told magistrate Archi Wochiunga that her home resembled a funeral when she was briefly taken there by state security agents to search for arms a month after her abduction.

“My brother from Gweru, my nephew from Chitungwiza, my mother and my mother-in-law were all there. I saw a pile of……” she broke down and continued “…it resembled a funeral because they all thought that I must have died,” said Mukoko.

Mukoko was applying to the magistrate to refer her matter to the Supreme Court, which she wants to determine that her constitutional rights were violated, and therefore she could not stand trial.

“I apply that the court refer the matter to the Constitutional Court to determine the violation of my constitutional rights,” said Mukoko. She said her experiences behind bars were frightening. “The experience I have gone through is really frightening and I do not wish that on anyone,” she said.

Constitutional hearing

Making submissions on behalf of Mukoko, lawyer Beatrice Mtetwa told the court that the fact that the state had not disputed that Mukoko had been under the hands of the state security agents and the police for almost two months makes the case a suitable candidate for a constitutional hearing whether it was legal for people to be abducted and kept in isolation.

“The fact that the state, the state security agents through an affidavit by state security minister and the attorney general’s office admitted that the accused (Mukoko) was abducted and deprived of her liberties and other constitutional rights proves that the constitutional court must now be seized with the matter,” said Mtetwa.

Reacting to Attorney General Johannes Tomana’s comment that Mukoko must not be released because she is a threat to national security, Mtetwa said the impartiality of the attorney general had been brought to the fore.

“The impartiality of the chief legal advisor of the state is in doubt. This is why the case must be referred to the constitutional court,” Mtetwa said.

During cross-examination, Mukoko said that she doubted if she would receive a fair trial because of Tomana’s position on the case. “I am doubtful that I will receive a fair trial. All the orders for me to have medical treatment have been obstructed. The attorney general cannot be impartial,” said Mukoko.

When asked about the evidence that she was involved in recruiting bandits Tomana referred to and that she was a Movement for Democratic Change activist, Mukoko denied that she was involved in the recruitment of bandits.

“I was not involved in recruiting anyone for training. I do not even know the different types of guns including the one I was stepping on when I was abducted therefore I am not the best person to recruit anyone. I am also not a member of MDC and have not done any activism for any political party,” she said.

Mukoko asked the magistrate to grant her clearance to undergo medical treatment. “I wish the court to facilitate that I get access to a medical center and to my regular doctor who knows my health condition,” she said.

Magistrate Wochiunga will on Friday afternoon decide on whether to refer the matter to the Supreme Court.