78 CCC activists’ lawyers frustrate trial commencement

Prosper Dembedza, Herald Correspondent

THE 78 CCC activists who are facing allegations of participating in an unlawful gathering and disorderly conduct, are frustrating the start of their trial, with their lawyers raising several technicalities aimed at delaying the trial until the Sadc Summit, the Herald newspaper has been informed.

Investigations by The Herald revealed that the lawyers have been raising several technicalities which on several occasions have been dismissed by the magistrate.

“The trial was supposed to commence so that those who are found guilty are convicted while those who are found innocent are set free but the lawyers representing the 78 activists keep on raising unfounded technicalities,” said the source.

“On Monday they raised complaints which they presented on their initial appearance claiming they were assaulted.

“They had requested the State to investigate the issue but the magistrate dismissed their application. The lawyers wanted to hold the State in contempt of court so that they do not go for trial but again that application was dismissed.”

“Accused 51 then requested that the trial be separated so that he can be tried alone claiming he was not in agreement with the applications which the lawyers were presenting.”

On Tuesday the accused’s lawyers made another application seeking the State to quash the charges on the basis that they do not exist in Zimbabwe’s Criminal and Procedure Act.

One of the lawyers Mr Jeremiah Bamu said the provisions that the State is trying to use against the CCC activists do not exist in the statute, hence the accused persons cannot plead to them. Appearing for the State Mr Lancelot Mutsokoti opposed the application for the quashing of the charges saying they constitute known offences in the country.

He submitted that the charges were not designed to shame the suspects, but to help them to fully comprehend their offences.

The matter was deferred to today for ruling on the application to quash the charges.

Government sources said the accused persons’ lawyers are trying to delay the trial until the commencement of the Sadc Summit with the aim of tarnishing the country’s image.