Sikhala had been charged with incitement to commit public
violence as defined in section 187(1)(a) as read with section 36(1) (a) of the
Criminal Code.
During trial, prosecutors alleged that Sikhala incited
people to participate in public demonstrations that would cause public violence
and breach of peace on 31 July 2020 by posting video clips with inflammatory
messages.
Harare magistrate Mrs Vongai Guwuriro found that the
prosecution had not been able to prove Sikhala posted a video on social media
inciting CCC supporters to engage in violence and so it was not admissible as
evidence in court.
Police officers testified in the trial that Sikhala
uploaded a video on ZimLive and YouTube urging people to protest.
In his defence, Sikhala said there was no record of this
video and it only surfaced during his trial. He submitted that the State failed
to prove the authenticity of the video. In her ruling, Mrs Guwuriro said from
the evidence, it was clear that none of the witnesses had any evidence to show
that Sikhala posted the video, or could confirm if the videos were in their
original form although she did not doubt that the two witnesses safeguarded the
video after the download.
“The suggestion that the accused is one of the authors is
merely speculative. The onus is on the State to prove that the requirements of
admissibility have been met without reasonable doubt. No onus lies on the
accused,” she said.
The magistrate then ruled that the State had failed to
discharge that onus.
Mrs Guwuriro noted that the State could have called voice
experts to authenticate Sikhala’s voice and call the person who uploaded the
video clips.
“The State is wrongly casting the onus on the accused. The
story required a voice expert to link the accused to the recordings,” ruled the
magistrate. Herald
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