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Court Reporter
MDC-T deputy national chairman Morgan Komichi who is facing allegations of breaking the country’s electoral laws after claiming that he picked a special voting ballot paper from a dustbin at a Harare hotel was yesterday denied bail for the fourth time. Harare magistrate Mr Tendai Mahwe dismissed the bail application on the basis that the prosecution has a strong case against Komichi.
Mr Mahwe also noted the prosecution has already led evidence from three witnesses, evidence which is likely to induce Komichi to abscond if released on bail.
“Accused is facing a serious charge which if convicted will attract a jail term. It is not in the interest of justice to grant him bail,” he said.
Komichi last week made a fresh bail application through his lawyer Mr Alec Muchadehama for the fourth time.
Since his arrest in July, Komichi unsuccessfully sought bail at both the magistrates’ courts and High Court.
Mr Muchadehama, argued that the reasons for the dismissal of his third bid for bail which were laid down by magistrate Ms Anita Tshuma, had since fallen away.
The lawyer also said the second ground for dismissing the application was that Zimbabwe was headed for elections and if granted bail, Komichi’s conduct was likely to cause disorder.
“Your worship, the elections have been held, they have come and gone hence there is no way the accused can interfere with a process that has since gone past.
“Your learned sister magistrate also ruled that investigations were still underway.
“Now your worship investigations have since been conducted and trial is underway. The fact that the trial is underway, does not bar the court from granting him bail.
“Time has progressed to enable this court to consider bail. Time is a factor to be considered as a new circumstance. The evidence which is being led in the trial does not frighten the accused to abscond,” he said.
Mr Muchadehama proposed stringent bail conditions before the application hit a snag.
Charges against Komichi arose on July 28 after he allegedly misrepresented that a sealed tamper-proof envelope with a special vote ballot paper had been picked at the Harare International Conference Centre where the special vote was being processed.
Komichi was arrested for contravening the Electoral Act, which makes it a criminal offence for an unauthorised person to possess ballot papers or to tamper with them. He has been in police custody since July 29.
Trial continues today.
Online Reporter