Matutu who is the Masvingo urban law maker and a local prominent Lawyer made the application for himself citing constitution rights violations by the state for failing to try him within a reasonable time, since he was arrested for allegedly likening President Mugabe to a dog as well as contravening some sections of the controversial Public Order Security Act (POSA) by allegedly citing public disobedience.
Matutu told Radio VOP on Thursday that he made the application after he was summoned to appear before a Gweru magistrate, Meo Rubwe last week, who is set to make his ruling on the 24th this month.
“I have made an application myself for the matter to be referred to the Supreme Court as it is the only court in the country that can preside over a case of this nature. I am appealing for a permanent stay of prosecution ‘that is to say I need this prosecution to be abandoned permanently because my constitutional rights have been violated by the state that failed to try me over the past seven years.”
Matutu said according to the constitution of the country a person is entitled to the right to be tried within a reasonable time but the sate failed to do so hence he has been waiting for too long.
He added that the delay of trial is attributed to the state he accused of failing to make necessary steps to turn the wheels of justice for him.
“I have been staying in Masvingo within the jurisdiction of the area I committed the alleged crime and have been residing at the address I gave when I was arrested and I have been reachable to anyone so I do not know why the state failed to take the steps necessary to move the wheels of justice for my trial,” he added.
The sate alleges that on 25 June 2005 Matutu insulted and undermined President Mugabe and incited people to turn against the government while addressing a party rally at Ferry training centre in Zaka.
The court heard that Matutu likened Mugabe to a dog by saying “Handisati ndamboona imbwa yakaita sa Mugabe, Tsunami yauraya vanhu, Zanu (PF)irikunyima vanhu ve MDC chibage and Hurumunde yapandukira vanhu pane kuti vanhu vapandukire hurumende’’ and loosely translated in the docket by police as follows “I have never seen a dog called Mugabe, Tsunami is killing people, Zanu (PF) is refusing MDC people maize and government is turning against people instead of people turning against government’’.
Matutu was arrested a month later for uttering the words that were said to be contravening some sections of POSA that included undermining the office of the President.
Gweru Magistrate, Rubwe will make a ruling on the application on the 24th of this month to determine whether it will be referred to the Supreme Court or he will be tried at the magistrate’s courts.