The High Court has reserved judgment in the case in which
MDC Alliance deputy national chairperson, Job Sikhala, is applying for bail on
charges of inciting public violence.
Sikhala, who is represented by Advocate Eric Matinenga,
approached the High Court appealing against the magistrates’ court decision to
deny him bail recently.
Justice Erica Ndewere reserved judgment to a later date
after both the defence and prosecution counsel made their submissions. She said
she needed time to make an informed decision on the matter.
In his submissions, Adv Matinenga rapped the magistrate’s
decision arguing that he erred and misdirected himself in denying him bail in a
case in which the State failed to establish compelling reasons.
He said the lower court’s finding that Sikhala went into
hiding for some time before he could be arrested was inconsistent with
established evidence in that no evidence was led by the State of any effort to
contact his client to surrender himself to the police at any stage.
No evidence was even led by the prosecution that Sikhala
was wanted in connection with any offence, argued Adv Matinenga.
It was also the lawyer’s contention that there was no legal
obligation for Sikhala to surrender himself to the police merely on account of
being labelled an activist by the police.
Appearing for the State, Mr Austin Muzivi said the lower
court exercised its discretion judiciously and there were no irregularities to
warrant the High Court to interfere.
He argued that Sikhala’s conduct of running away from his
house in Chitungwiza to seek refuge at a certain house in Tynwald in a ceiling
for that matter, strengthened the State case that he was a flight risk and not
suitable for bail.
In denying him bail, the magistrates’ court ruled that
Sikhala’s behaviour before his arrest suggested that if granted bail, he was
likely to abscond.
Sikhala, who was arrested last month, is being accused of
mobilising the public through social media posts, to take part in protests that
had been planned for July 31 despite a Government ban. Herald
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