Investigations into the alleged incitement of public violence in Nyatsime by CCC members of Parliament Job Sikhala and Godfrey Sithole are almost complete with the trial set for November 15, the State said yesterday when opposing the latest bail application by the two.
Sikhala and Sithole applied for a new hearing on bail
saying there is a petition signed by nearly 50 000 demanding their release on
bail, which they argued was a changed circumstance, and also the failure of the
State to provide them with all necessary documents for them to prepare their
defence in the forthcoming trial.
The new application is coming through their lawyer Ms
Beatrice Mtetwa.
Once bail has been refused it can only be granted if the
defence can show changed or new circumstances that allow a reconsideration of
the matter.
Prosecutor Mr Lancelot Mutsokoti, in his response, said
while it was accepted that the two have been in custody since June 22,
significant progress has been made towards bringing them to trial.
“Investigations are now almost complete. The accused have
been furnished with some of the State papers. A trial date has been set as 15
November 2022,” he said.
Mr Mutsokoti submitted that allegations against Sikhala and
Sithole remained serious and the possibility of a custodial sentence upon
conviction is still very high.
Since a trial date has been provided, there is clear
progress in the case. This meant that the argument fell away that too much time
was passing until trial.
Mr Mutsokoti submitted that failure of the State to furnish
them with a trial date could not be a reason for admitting them to bail.
He denied claims that the prosecution was influenced by
politics saying there existed reasonable suspicion that they committed the
crime with which they are being charged.
“The second changed circumstance alleged by the accused is
that there is a perception that the courts are being political and are not
being fair, and impartial as required by the Constitution of Zimbabwe.
“The accused persons also allege that the courts are now
seen as not being independent from political interference. The accused persons
also allege that it is now believed that their continued detention is more
political than legal.
“They have placed reliance on utterances by Professor
Lovemore Madhuku, a constitutional law expert, who allegedly publicly stated
that the accused persons’ incarceration could be brought to an end if the
political party to which they belong would join POLAD through which their case
can be politically dealt with by the President of the Republic of Zimbabwe.”
“The accused alleges that Professor Lovemore Madhuku is an
eminent member of POLAD which has close proximity to the President of the
country so there can be no doubt that Madhuku is speaking from an informed
position,” he said.
Mr Mutsokoti said Prof Madhuku’s assertions cannot be taken
as fact.
“This is not a changed circumstance of the nature and
quality envisaged for an application of this nature,” he said.
Mr Mutsokoti said that the petition that Sikhala and
Sithole were relying on was not a changed circumstance.
He submitted that the copy of the said petition tendered to
court has no signatures on it, but has several names with no evidence that
those individuals did actually signed it.
Harare regional magistrate Mr Taurai Manwere is expected to make a ruling on October 5. Herald
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