CHIEF magistrate Faith Mushure has dismissed an application for discharge filed by Citizens Coalition for Change members Joanah Mamombe and Cecilia Chimbiri who are being accused of spreading falsehoods to tarnish the country’s image after they were reportedly kidnapped and dumped in rural Bindura.
The duo had filed for discharge at the close of the State
case in which 10 State witnesses testified.
In dismissing their application, Mushure said the State had
proved essential elements of the charge against the accused.
Mushure said when the case has no evidence, the court can
discharge the accused, but in this case the State's evidence proves a case
against the accused persons.
"The accused communicated with their friends, party
colleagues and their lawyer after the incident. From the evidence, a statement
was made that they were kidnapped. They told Detective Chief Inspector Chafa
that they were kidnapped," Mushure said.
"There is evidence that the accused made statements
through Chafa that they were taken to Muchapondwa business centre in Bindura where they were
tortured. It cannot be said all evidence by the State can be discredited, but
the evidence is there. The uploads of kidnapping stories are there."
Mushure added that the accused needed to answer to some
questionable facts and allegations that were raised through their defence.
The trial had been dramatic with the evidence of videos
used in the case being discredited by the defence.
Some of the video footage tendered as evidence was not
clear.
There were also no direct pictures of Mamombe and Chimbiri.
One of the video footages produced in court shows a woman who is said to have seen
the accused persons at Chicken Inn, Belgravia.
According to the State, the accused are faking their
abduction to tarnish the image of the country. But while testifying in court,
police officers admitted that when they found the accused persons in Muchapondwa
village they were in a terrible state saying they were failing to walk properly
due to torture.
The accused persons were later referred to a private
hospital in Waterfalls, Harare, for medical examination.
Their medical reports also indicated that they were
tortured and were terrified after the ordeal.
The matter was postponed to September 15 for continuation
of trial. Newsday
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