HARARE magistrate Mrs Yeukai Dzuda is on Friday expected to make a ruling on the bail application for 26 CCC members in a matter they are accused of gathering illegally at the house of their party’s Member of Parliament for Budiriro with the intention of disturbing public peace.
The 26 mounted their bail application on the basis that
their gathering was legal and needed not to seek authority from the police.
They claimed that they were holding a political organ
meeting, which at law does not require them to seek authority from the police.
The CCC members also claimed in their bail application the
meeting was being held at a private place, Budiriro MP Costa Machingauta’s
residence.
They also alleged that the arrests were politically
motivated as they were only targeted at those wearing yellow. Their lawyer said
his clients were not flight risks and would abide by any bail conditions which
will be imposed by the court.
Mr Zebadiah Bofu, appearing for the State with Mr Pardon
Dziva and Mr Micheal Reza, in opposing granting of the 26 bail, said: “The
seriousness of the offence might induce them not to attend court. There is
greater incentive to abscond. They face a jail term of up to five years upon
conviction although sentencing remains the discretion of the trial court.”
The State also wants to ensure none of the 26 interfere
with witnesses.
Mr Bofu said the evidence given by two police officers will
assist in shedding light on how the 26 were arrested.
They were arrested close to the house of Budiriro
constituency MP Costa Machingauta, and he allegedly scaled the precast wall and
only surrendered himself to police after three days due to pressure.
“Court should not find favour in that since it could be
said pressure was mounting on him,” Mr Bofu said.
The police, he said, did not use the drag-net approach as
the 26 claimed, as witnesses testified that the police were strategically
positioned before making arrests.
He said the CCC members’ claims that their gathering was
peaceful and legal, falls away as they were arrested at a time when they were
rowdy, ululating, and disturbing peace in the process.
“Accused were aware and had foreseen commissioning of crime
and chose to associate themselves in the criminal act and it should be
apportioned to them. They had common purpose and participated or were reckless
to see whether the crime would take place,” Mr Bofu said.
The 26 CCC members are Amos Chibaya, CCC national
organising secretary, Wencelaus Nyamunokora, Taurai Mema, Rudolph Tsindi,
Stabile Mlilo, Mukwada Monica, Misheck Nyembe, Nyemudzai Makwanya, Vimbai
Dambaza, Chenesai Ndoro, Lilosa Nhanhanga, Faith Ngorima, Cleopatra Tapfuma,
Lancelot Tungwarara, Shyla Zvomoyo, George Makwangwaidze, Wyclife Maramba,
Rutsambo Siros, Masikasika Takemore, Aleta Virimai, Stanley Mangare and Dominic
Chitahwe.
There is also a teenage girl who is also appearing with the
CCC members. Herald
0 comments:
Post a Comment