HARARE magistrate Barbara Chimboza yesterday freed a group of protesters accused of the mayhem that rocked the country mid-last year in what has become commonly referred to as “shutdown.”
Source: Shutdown protesters freed – NewsDay Zimbabwe March 23, 2017
BY DESMOND CHINGARANDE
Petros Sokole and 74 other Harare residents, who included journalist James Jemwa, stood accused of committing public violence during a demonstration against corruption in government but were acquitted after a full trial.
In her ruling, magistrate Chimboza said the State had failed to prove a prima facie case against all the suspects. She said all four State witnesses did not convince the court that all the suspects were part of the people who committed public violence.
She said the witnesses told the court that the suspects were arrested at different places which left the court with questions as to whether they were arrested while committing the offence.
She further ruled that the State witnesses’ evidence was not credible as they failed to positively identify the suspects while they were seated in the dock despite revealing their names while testifying.
Chimboza said the photographs used by the State as evidence were not convincing saying the photographer who is not known should have been given the chance to testify to confirm if indeed the photographs were “not doctored”.
The 75 residents were represented by Harrison Nkomo, Trust Maanda, Jeremiah Bhamu and Dorcas Chitiyo, all members of the Zimbabwe Lawyers for Human Rights, a local rights lobby group which provides legal advice to victims of State harassment and brutality.
The lawyers argued that the State witnesses did not bring any evidence or a piece of cloth recovered from the suspects to prove they looted shops or any injured police officers who came to testify that they were assaulted by the suspects.
Allegations against the 75 had been that on August 26 last year, they teamed up and held a public gathering at an open space between Rainbow Towers Hotel and Interpol Office adjacent to the Harare Magistrates’ Court.
The State alleged they proceeded into the central business district where they caused sporadic public violence and assaulted police officers setting ablaze police and Zimbabwe Broadcasting Corporation vehicles and also torched vendors stalls at Copacabana bus terminus.
The State had further alleged the suspects breached the peace and security of the public.
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