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Yeukai Karengezeka
Court Correspondent
Twelve of the 78 people, who were arrested in June for allegedly participating in an unlawful CCC gathering and disorderly conduct, were acquitted yesterday by Harare Magistrate Collet Ncube for lack of evidence.
Ndapuwa Shaun Timba, Resca Munetsi, Violet Chitsindi, Simon Saizi, Calvin Chamapazi, Redeem Mandizvidza, Tatenda Mukwembi, Tawanda Mukucha, Prince Madhera, Wisdom Nyama, Tobias Magwayana and Lucia Kandamiri were freed due to lack of evidence linking them to the alleged offences, with the magistrate saying they were caught up in the crossfire.
Magistrate Ncube noted that some of the accused were simply conducting their business, seeking piece jobs, or were tenants at the residence where the gathering took place.
“The court is cautious that there are few whose defence was very clear in this case and it creates a prima facie case, but some might have been caught in the crossfire and were not part of the gathering,” Ncube ruled.
The remaining 66 accused will proceed with their defence case today with inspection in loco and trial continuation.
In a separate development, all 78 accused were acquitted on the count of disorderly conduct, as the court established that the gathering took place on private property and did not cause chaos in a public space.
The State alleges that on June 16 this year at around 2 pm, police received information that there was an unsanctioned gathering at the house of CCC interim leader James Timba at 6 Downie Road in Strathaven, Harare.
It is alleged that the purpose of the meeting was to plan the staging of unlawful demonstrations in Harare. Police went to the house where they heard a lot of noise and later saw a large gathering.
Reinforcements were called in when the suspects behaved in a riotous way by throwing stones at a police vehicle that was slightly damaged. Police had to use tear smoke to control the crowd, and managed to arrest the suspects.
Meanwhile, High Court Judge Benjamin Chikowero granted bail to activists Robson Chere, Namatai Kwekweza, and Samuel Gwenzi, who were arrested in July for allegedly demonstrating when CCC administrator Jameson Timba and his accomplices were denied bail. The trio was ordered to pay US$150 each and reside at given addresses until the matter is finalised.
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