Hopewell Chin’ono and Jacob Ngarivhume who are facing
charges of inciting the public to commit public violence when they called for
protests on July 31, will have to wait a little longer before the High Court
makes a determination of their appeals for bail next week.
The duo yesterday appeared before two different judges in
their fourth bail bid each, after Harare Magistrate Mr Ngoni Nduna earlier
rejected their applications for bail on the grounds of changed circumstances.
Chin’ono appeared before Justice Tawanda Chitapi who
reserved his ruling to Wednesday next week, to allow him time to study the
submissions made by both the defence and State counsel.
Ngarivhume who conscripted Constitutional lawyer Professor
Lovemore Madhuku to his defence, appeared before another judge Justice Siyabona
Msithu, who after hearing arguments from both parties’ lawyers again deferred
the matter to next week for judgment.
The duo has been in custody since their arrest last month
on charges of inciting people to participate in the anti-Government protests
planned that had been planned for July 31, which flopped.
Chin’ono’s lawyer, Mr Kudzai Mtisi said the issues which
were of interest at yesterday’s appeal were to do with evidence in the record of
proceedings in the lower court and the magistrate decision which he said was
grossly irregular.
“The State even conceded that the magistrate did not make
mention of that oral evidence in its findings,” he said briefing journalists
outside the High Court.
For Ngarivhume, Prof Madhuku made his submission on why the
defence felt the lower court decision should be quashed.
Justice Msithu said he would deliver his ruling either on
Monday or Tuesday. Where a suspect applies for bail in the magistrates’ court
and the application is refused, he is only entitled to a single appeal against
this decision to the High Court.
However, the Criminal Procedure and Evidence Act does not
allow the right of an accused concerned who had appealed to a judge of the High
Court against the bail decision of a magistrate to take the judge’s decision,
subject to leave, on appeal to a judge of the Supreme Court.
The suspect has to rely on changed circumstances as the
basis to re-apply for bail in the lower court.
Charges against the duo arose after they allegedly schemed
against the Government, calling for mass demonstrations by any means on July
31. Herald
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