Zimbabwe: JOURNALISTS'S MATTER ADJOURNED

ALERT UPDATE
>
> 22 JULY 2002
>
> JOURNALISTS'S MATTER ADJOURNED
>
> The matter in which Daily News editor Geoff Nyarota and reporter, Lloyd
> Mudiwa are being charged with publishing falsehoods has been adjourned
while
> the magistrate's court decide on an application by the defense lawyer for
> the matter to be heard in the Supreme Court
>
> Mudiwa and Nyarota's lawyer, Chris Andersen argued on Monday 22 July, that
> the trial should be heard in the Supreme Court as it dealt with
> constitutional matters such as freedom of expression and protection of the
> law.
> Andersen argued that section 80 of the Access to Information and
Protection
> of Privacy Act, penalizing the publication of "falsehoods" under a crime
> called "abuse of journalistic privilege" was more stringent than an old
law,
> which was struck off the books by the supreme for interfering with freedom
> of expression.
>
> State prosecutor Never Katiyo however opposed the defence application to
> refer the case to the Supreme Court, saying the lower courts were
competent
> to deal with the matter. Katiyo argued that freedom of expression was not
> absolute and the Daily News case was one of "reckless journalism" which
> warranted criminal prosecution. Magistrate Sandra Nhau said that she
needed
> time to consider the defence application and would rule on Wednesday 24
> July, whether the case should be heard in the Supreme court or not.
>
> On 15 July the magistrate's court in Harare acquitted Guardian
correspondent
> Andrew Meldrum, who faced similar charges as Mudiwa and Nyarota.
>
> Background
>
> Check alerts of 29 April, 1,2,3,8 May, 13, 15 and 16 July 2002.
>
> END