Zimbabwe's Roy Bennett was supposed to go on trial on weapons charges in Mutare on Tuesday but state prosecutors did not turn up, forcing the case to be postponed.
Bennett's lawyer, Beatrice Mtetwa urged the magistrate to dismiss the case.
She said the fact prosecutors did not arrive meant they acted as if court laws did not apply to them.
The magistrate said she would give the state the benefit of the doubt and postponed the trial.
It has been eight months since Bennett was arrested on charges of possessing weapons to help unseat President Robert Mugabe.
The MDC said it has had wind of a ploy by the attorney general's office to get Bennett indicted and put back in custody.
If he is imprisoned in Harare, a court backlog would mean he would have to stay in jail until February.
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