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quashed by a Harare magistrate yesterday.
Gwisai, a former Highfield legislator, Antoneta Choto (36), Tatenda Mombeyarara (29), Edson Chakuma (38), Hopewell Gumbo (32) and Welcome Zimuto (25) had sought the quashing of charges against them on the basis that the facts proffered by the State did not disclose the offence.
But magistrate Mr Kudakwashe Jarabini threw out the application for lack of merit.
The trial finally opened after four regional magistrates the latest being Ms Esthere Chivasa recused themselves because they were known to the suspects.
It is believed Gwisai was the magistrate’s lecturer at the University of Zimbabwe.
Through their lawyer, Mr Alec Muchadehama, the six pleaded not guilty to the charges before making an application for exception of charges.
Mr Muchadehama had argued that the facts proffered by the State did not disclose the offence his clients were being charged of.
In their defence outlines the six argued that they were holding a meeting to discuss lessons from the Egypt and Tunisia Revolts.
They also argued that they were commemorating the death of HIV and Aids activist Navigator Munguri.
They said the charges were nonsensical, meaningless, baseless and an attempt by the State to persecute human rights defenders.
There was a mini-drama during that time when an unidentified man fainted during the proceedings.
The man was later helped out of the court by a police orderly and his associates.
Mr Muchadehama lodged an application seeking an exception to the charges arguing the facts presented by the State related to revolt and treason.
“The particular charge is defective for a number of reasons.
“It is not possible to contravene the whole section of 36 because every section of it show various offences are created . . .,” he submitted.
He said the facts were the same as the ones which were used when the six where still being charged with treason.
“The facts relate to revolt and treason, no aspect of public violence as charges now purport.
“The aspect of revolt and treason runs through the charges.
“The State has now changed the title of the offence but repeated the facts.
“There are no facts before the court to support the charges, the charges formulated by the State are vague they need to be precise to inform accused persons what exactly the State is alleging,” said Mr Muchadehama.
Prosecutor Mr Edmore Nyazamba of the Attorney General’s Office expressed displeasure over the defence counsel’s decision to make the application without giving prior notice.
Mr Nyazamba said it was unprocedural for the defence to make such an application after pleading to the charges.
He said the objection had no legal basis and urged the court to dismiss the application.
In his ruling, Mr Jarabini accepted the State’s submissions and said some of the issues raised by the defence were triable.
He dismissed the application and ordered the trial to proceed since they had already pleaded and proffered their defence.
The trial continued with the first State witness Rinos Chari testifying. Chari testified that a meeting was held but said he did not know the charges the six were facing.
Under cross-examination, Chari told the court that he too was assaulted by police and held in custody before being freed at the court.
The trial continues today.
The State alleges that the offence was committed on February 19 this year at Zimbabwe Labour Centre, at Number 43 Julius Nyerere Way in Harare.
It is alleged that Gwisai, a co-ordinator of the International Socialist Organisation and five others agreed to act in concert to forcibly and to a serious extent disturb peace, security or order of the public
in Zimbabwe.
It is alleged that they agreed to mobilise the people of Zimbabwe to revolt against the Government and demand the resignation of the President of Zimbabwe, the Egyptian way.
The Egyptian president was forced to resign after a revolt in which Government buildings were burnt, vehicles stoned and several people were injured or killed by people taking part in the revolt.
Online Reporter