via State case weak: Lawyer – DailyNews Live by Helen Kadirire 21 SEPTEMBER 2013
HARARE – Morgen Komichi’s defence lawyer Alec Muchadehama yesterday told the court that the State did not have a strong case against his client to deny him bail.
Muchadehama while making submissions before magistrate Tendai Mahwe said the State had not provided any evidence through its witnesses that would thwart Komichi’s release.
“In my opinion the State’s case is very weak as nothing is being established…the passage of time has strengthened the case against Komichi for bail to be denied, and it has weakened the State’s case in relation to bail,” Muchadehama told the court.
The defence lawyer argued that an accused person is entitled to apply for bail pending trial at any stage of the proceedings before sentence has been passed and that such an application can be made on changed circumstances.
Muchadehama also contended that circumstances for his prior denial of bail had since changed after Michael Phiri’s existence was confirmed by State witness, Tendai Pamire.
He said since trial had commenced and progressed, Komichi would not interfere with Phiri for any reason and highlighted that the election process had since passed, a circumstance that could strengthen the bid.
“Your Worship, elections have since passed and no public disorder has occurred. There is no way that he can interfere with a process that has gone past,” Muchadehama argued.
He said the fact that trial is underway, does not bar the court granting his client bail no matter how strong the State case may be as Komichi remained innocent in the eyes of the law.
State prosecutor Michael Mugabe will make his submissions on Monday, before proceeding with trial.