Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
ANOTHER MDC-Alliance activist who was jailed for participating in the January 2019 violent demonstrations has been released on $2 000 bail pending appeal.
Otilia Sibanda (34) of Sizinda was among 11 other suspects arrested on charges of public violence after they burnt three cars, destroyed a precast wall and broke several windows of a house belonging to Zanu-PF Bulawayo provincial women’s league chairperson Cde Eva Bitu.
Sibanda together with anti-Government activist and Bulawayo South Constituency losing independent candidate in the 2018 harmonised elections, Josphat Ngulube (34) Fortune Masuku (29), Melusi Moyo (32) and Thabisani Ngwenya (33) were convicted for public violence and malicious damage to property by Bulawayo magistrate Mr Tinashe Tashaya.
They were each sentenced to an effective six years in jail after one year was suspended on condition that they do not commit a similar offence in the next five years.
Sibanda was granted $2 000 bail by Bulawayo High Court judge Justice Martin Makonese following her application for bail pending appeal.
In papers filed at the Bulawayo High Court, through her lawyers Vundhla-Phulu and Partners, the State was cited as a respondent.
Justice Makonese ordered Sibanda to report at Sizinda Police Station once a week and to continue residing at her given address until the finalisation of her appeal as part of the bail conditions.
In her bail statement, Sibanda said her appeal challenging both conviction and sentence had prospects for success, arguing that the evidence adduced by the State failed to sustain the allegations raised by the State beyond reasonable doubt.
She argued that the lower court grossly misdirected itself when it convicted her after the State failed to prove its case beyond reasonable doubt.
Sibanda said the evidence adduced in court and on record proved that there was strong political rivalry between her and the State witnesses thus compromising the veracity of evidence during trial.
She argued that there was no evidence that she participated in the burning of the vehicles.
“The trial court erred in arriving at the conclusion that I was the ring leader but failed to specify the actual actions purported to bring out that aspect.
“The court a quo erred in relying on patently falsified testimonies from members of one political party against those of another,” said Sibanda
In her grounds of appeal, Sibanda said the lower court erred by paying lip service to various weighty mitigatory factors.
She said the sentence imposed on her induced a sense of shock.
Sibanda said the evidence of State witnesses did not corroborate each other in material respect.
The State did not oppose the application. — @mashnets.
Online Reporter