MIDWEK REPORTER
The two girls who have become popular in the ancient city for all the wrong reasons when their lesbian s*x video went viral recently and subsequently arrested for criminal nuisance have been freed after the state failed to prove its case.
The two, Nyasha Chabika and Flora Tofa’s trial crumbled like a deck of cards at the Masvingo Magistrate’s Court on Monday, after the state failed to provide incriminating evidence for the trial to commence.
Nyasha and Flora who were facing charges of violating the Censorship and Entertainment Control Act, after they allegedly recorded and shared a video while leaking each other’s private parts went viral last year.
They have been on remand since their arrest after paying ZW$100 000 and had their phones and laptop confiscated by the state as part of their bail conditions
However, the two are now free birds after their lawyer Tatenda Nyoka successfully applied to have the two removed from remand.
“The State cannot keep harassing my clients when they are not ready for trial and the state will suffer no prejudice if the accused persons are removed from remand.
“One of the accused persons is heavily pregnant and might give birth at any time even today, so what purpose does it serve to have the accused on remand when the state is not ready for trial, you suffer no prejudice if she is removed from remand,” Advocate Nyoka said in a spirited defence of his clients.
The youthful lawyer added that the state failed to furnish the defense with state papers after several attempts were made.
He also told the court that the state failed to serve the defense with the alleged video which forms an integral part of the evidence.
The state tried to oppose the application but the Magistrate, Elizabeth Hanzie found favour in the defense’s application and freed the two.
The matter will only proceed by the way of summons provided the state puts its house in order.
It was all smiles for the two when they were handed back their gadgets from the clerk of court in the company of their lawyers.
