Beatrice Mtetwa, the lawyer representing MDC Alliance principal Tendai
Biti yesterday grilled State witness and investigating officer Chief
Superintendent Jealous Nyabasa for allegedly playing dumb and professing
ignorance over provisions of the Electoral Act which the State claims
were violated by the opposition politician.
Biti who is accused of public violence and violating the
Electoral Act after he announced MDC Alliance leader Nelson Chamisa as the
victor of the July 30 presidential poll basing on the results of V11 forms
pasted at polling stations, appeared before magistrate Francis Mapfumo.
Mtetwa had asked Nyabasa if he had any expertise on
electoral laws basing on the evidence he provided in court on Wednesday that
Biti committed an offence when he announced the results to his associates, to
which the witness replied in the negative.
The human rights defender then asked Nyabasa why he had
interpreted the law to the court that Biti committed an offence when he
announced the results when he did not read and understand the Electoral Act.
“So why did you base your evidence on how election results
are pronounced when you did not even read the Electoral Act? So you want to
interpret the law to court when you did not read the Electoral Act,” Mtetwa
said.
Nyabasa told court that Biti pronounced the results through
a video which went viral on social media, international media and YouTube. He
told the court that when the Zimbabwe Electoral Commission announced the
results they used electronic and print media just as what Biti did.
But Mtetwa asked if Biti had announced the results and
figures of all presidential candidates as was done by Zec. Nyabasa insisted the
manner Biti acted was an offence.
Mtetwa told court that Biti did not commit an offence as
electoral laws allow a member of a political party to announce and report about
the figures attained based on the polling station-based results.
Nyabasa was asked to read the Electoral Act section 66
which authorises the publication of polling returns by the contesting party.
On Biti’s arrest, Mtetwa told court that the police had
never intended to arrest Biti since his lawyers engaged the CID Law and Order
section on several occasions.
Mtetwa said one of Biti’s lawyers, Harrison Nkomo went as
far as writing to Commissioner-General Godwin Matanga asking if they still
wanted to interview his client.
She said despite police spokesperson Senior Assistant
Commissioner Charity Charamba insistence on August 1 to 7 that the police
wanted to interview Biti, there was no record at the police station that they
wanted him as they were told he was not on the wanted list.
“After Nkomo found no joy at the police station, he wrote a
letter to the Commissioner-General Godwin Matanga to ascertain if they still
wanted to interview Biti but until now he is yet to respond and that shows he
was not on the wanted list,” Mtetwa told court.
But Nyabasa opposed the notion saying the announcement by
Charamba was enough for Biti to report to the police station as they were not
in the habit of calling suspects to the police station.
Magistrate Mapfumo postponed the matter to today for
continuation.
Biti is challenging his placement on remand and the court’s
jurisdiction, saying he was improperly before the Harare court since he was
abducted from Zambia by the Zimbabwean security agents.
The State is represented by Michael Reza and Jonathan
Murombedzi. Newsday
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