Justice Mavangira deferred the hearing to Wednesday after she noted that the record of proceedings was incomplete as some pages were missing.
Justice Mavangira said some pages in the record of proceedings were photocopied badly while Magistrate Ignatio Mhene’s handwriting was difficult to read.
Defence lawyers took the extraordinary task of collecting the record of proceedings from Nyanga Magistrates Court to try and transcribe it for use during the hearing of the appeal on Wednesday.
Mwonzora and the 23 villagers who were arrested three weeks ago and charged with violating section 36(1)(a) of the Criminal Law (Codification and Reform) Act for public violence were granted bail by Magistrate Mhene on Monday 21 February 2011.
But Magistrate Mhene’s bail order was vetoed after State prosecutor Tirivanhu Mutyasiri invoked the notorious Section 121 of the Criminal Procedure and Evidence Act (CPEA) to suspend the bail order which had been granted to Mwonzora and the villagers.
Edmore Nyazamba, a law officer in the AG’s Office filed the appeal.