MDC-Alliance’s Joana Mamombe and Cecilia Chimbiri, who are accused of violating the Covid-19 lockdown regulations, exhibit the propensity to continue committing similar offences if granted bail, a Harare magistrate has said.
Mr Dennis Mangosi said the two allegedly committed the
offences they are now facing and other charges while on bail and releasing them
would compromise the proper administration of justice.
He said this while denying Mamombe and Chimbiri bail on
changed circumstances. The two are facing allegations of violating Covid-19
regulations when they gathered for a Press briefing at the Harare Magistrates
Court.
“The accused committed other offences while on bail and
that propensity is still there,” said Mr Mangosi in his bail ruling.
He noted that Mamombe, as a lawmaker, was supposed to obey
the laws while Chimbiri was also supposed to abide by the laws of the land like
any another citizen.
The court also noted that the State had provided the duo
with a trial date expressing its commitment to bring the matter to finality.
Mr Mangosi remanded the duo to April 26 in the interim
while they are expected to appear in court on May 5 for trial.
Mamombe and Chimbiri, through lawyers Mr Alec Muchadehama
and Mr Jeremiah Bamu, had argued that a lot of time had lapsed since they were denied
bail on their initial appearance.
They told the court that investigations carried out failed
to change the State’s case against them. “At present, the investigations have
not established that which strengthen the State case. Instead, investigations
revealed that State case has weakened in the sense that there is a clear
indication that State failed to show evidence of its compliance with SI200/20
(Statutory Instrument 200 of 2020).
“Those provisions of SI200/20 requires that arresting
details ought to have dispersed the gathering if it was unlawful. Concurrently,
the arresting details ought to have dispersed, order them to observe social
distancing and wear masks.
“Upon resisting, the details would take appropriate
measures including arresting them. What we expected from them was factual
demonstration that these steps were followed prior to arrest,” said Mr Bamu.
Statutory Instrument 200 of 2020 relates to the containment
of the spread of Covid-19. Prosecuting, Mr Lancelot Mutsokoti opposed the
application saying nothing had changed from the day the two were arrested.
“There are no changed circumstances that warrant release of
accused on bail as they must show that new facts have arisen before a judicial
officer who initially heard their bail. The reason why they were denied bail
was that they were likely to commit similar offences. High Court Justice
Chitapi denied them bail on same grounds.
“In their submissions they did not give new facts and prove
that they will not commit similar offences. There has been no long time since
they initially appeared in court in March,” he said.
Meanwhile, Mangosi has denied bail to four MDC Alliance
activists who were arrested last week for chanting slogans at the Harare
Magistrates Court.
Vimbai Tome (51), Kudakwashe Butau (30), Ngonidzashe
Mupfumba (21) and Patrick Shumba (22), appeared before Mr Mangosi facing
disorderly conduct charges. In denying the quartet bail, Mr Mangosi said the
State has a strong case against them since they were arrested at the crime
scene.
He further said since the State has a strong case against
them, their chances of absconding were high.
According to the State, Tome, Mupfumba, Shumba and Butau or
one or more of them intentionally engaged in a disorderly conduct by chanting
slogan “Ahoi maComrades Ahoi”, on Tuesday last week.
During an attempt by police to disperse them, Tome shouted
in vernacular saying she had been fondled by a police officer. The State argues
Tome made the distress call intending to breach peace.
Police then arrested the four as they dispersed the crowd
gathered.
The crowd had gathered to allegedly show solidarity with
MDC Alliance activist, Makomborero Haruzivishe, who was being sentenced to 14
months for public violence. Herald
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