Source: No joy for 78 CCC activists –Newsday Zimbabwe
LAWYERS representing 78 Citizens Coalition for Change (CCC) activists yesterday queried why the State has failed to present police officers who were allegedly stoned by their clients to the court.
The CCC activists have been in remand prison since their arrest, charged with attending an illegal gathering at Jameson Timba’s house with the intent of causing public violence at.
High Court judge Justice Munamato Mutevedzi yesterday deferred their bail ruling to Thursday after hearing arguments from the defence team and the State.
Their lawyer Webster Jiti said there was no justification for denying his clients bail.
“Police officers will testify and these witnesses are not known to the appellants hence they pose no threat to the investigations,” Jiti said.
Jiti said there was no evidence of the police being allegedly pelted with stones by his clients, adding that medical affidavits were never produced.
“Evidence before the court is rather contrary. The appellants were brutalised to an extent that some were hospitalised,” Jiti said.
Another lawyer Jeremiah Bamu said the lower court erred, adding that one of the suspects, Lucia Antonio (58), was just a tenant at Timba’s residence.
“There is no strong case in particular to the charge they are facing,” Bamu said.
“The individual role of each appellant ought to have been ascertained. What happened was a dragnet arrest; some appellants are languishing in remand prison for an offence they did not commit.”
He also said one of the suspects is disabled and his case should be treated differently.
State prosecutor Charles Muchemwa said the suspects were a flight risk.
“The evidence before the court shows that this offence was committed in aggravating circumstances and there is a likelihood of a conviction,” Muchemwa said.
“This might induce the appellants to abscond. It is, therefore, my humble submission that the appeal be dismissed.”
Turning to the disabled suspect, he said: “He should not have been part of this group if his condition was to be considered in the first place.”
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