The Supreme Court has dismissed an appeal by former vice president, Phelekezela Mphoko who was challenging the trashing of his application for discharge by both the magistrate and the High Court.

Mphoko is charged with criminal abuse of office after he allegedly ordered the release of two former Zinara bosses who were being held on fraud allegations at Avondale Police Station in 2016 when he was still the VP.

Now he is set to return before a magistrate for the continuation of his trial to a defence case.

"The Supreme Court of Zimbabwe today dismissed an appeal by the Former Vice President of Zimbabwe Phelekezela Mphoko.

"He was challenging the decision by the court aquo which upheld a ruling by a Harare Magistrate to dismiss his application for discharge at the close of the State's case," said the prosecution.

The Supreme Court dismissed the appeal on the basis that it lacked merit.

It is alleged that the accused person who was the sitting Vice President of Zimbabwe and hence a public officer at the time of the commission of the offence, intentionally appeared at Avondale Police Station and unlawfully ordered the release of Moses Julius Juma and Davison Norupiri who were ZINARA Executives from Police custody.

He even drove with the two in his car yet they were due to appear in court the following day.

It is alleged that the officer in charge at the station tried to stop Mphoko in vain.