NOVELIST and filmmaker Tsitsi Dangarembga and businesswoman Julie Barnes were today convicted and sentenced to nine months in prison each on a charge of inciting public violence.
They were alternatively fined $70 000 or three months
imprisonment, while six months were wholly suspended on condition that they do
not commit a similar offence within five
years.
Dangarembga and Barnes were arrested, while protesting
against corruption and demanding the release of journalist Hopewell Chin’ono
who was in prison at the time.
More than six witnesses testified in the matter, with most
of them failing to say what the accused persons did that constituted an
offence.
While dismissing the accused persons application for
discharge, magistrate Barbara Mateko said the State managed to prove a case
against them. “What was supposed to be established by the court is what the
accused did on the day and it constituted a criminal offence.
“All elements of the offence were proved. The mere fact
that there are contradictions does not mean their testimonies must be
dismissed. In this case main factors did not differ, that the two demonstrated
and had not sought any clearance to do so.”
“Considering the sequence of events, images tendered in
court, evidence by journalists and witnesses clearly, the State managed to
prove its prima facie case that the two intended to incite violence and the
accused are found guilty as charged.”
In mitigation, the duo’s lawyer Chris Mhike said the court
should take into account the time they underwent trial, and that they suffered
inconveniences as a result.
Mhike also said Barnes was having physiotherapy sessions
once in two weeks and was also on prescription.
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