Lawyer urges court to acquit Gwisai

evidence.
Lead defence lawyer, Mr Alec Muchadehama, said the State had failed to prove a solid case against the six.
Gwisai, a former Highfield legislator, is jointly charged with Antoneta Choto (36), Tatenda Mombeyarara (29), Edson Chakuma (38), Hopewell Gumbo (32) and Welcome Zimuto (25).
Mr Alec Muchadehama argued, in his submissions, that the State’s evidence failed to link the suspects to the charges.
He said the throwing of one count and three alternative charges shows the bankruptcy, desperation and malicious on the part of the State in prosecuting the six.
“. . . as the meeting was in progress, police pounced and arrested all the 45 people gathered,” said Mr Muchadehama.
“They were taken to the police station where charges of subverting constitutional Government were levelled against them . . . while the accused were at court the State superimposed a charge of treason on the request for remand form 242.”
Mr Muchadehama said the charges were later dropped and substituted with conspiracy to commit public violence.
The State, he said, wanted to cast its net of charges wider so that something could stick further “highlighting that none did and none could stick”.
Mr Muchadehama said it was a clear case of political harassment by the State.
He said his clients were entitled to the protection of the law in terms of section 18 of the Constitution of Zimbabwe, which entails among other things being tried fairly before an impartial tribunal.
He also pointed out that the key State witness, detective sergeant Jonathan Shoko lied under oath about his true identity.
The lawyer said Shoko’s attendance of the meeting was part of overt and covert operations.
“The second witness was no more no less a charlatan out to incriminate innocent people in the broader objectives of his organisation the CIO to clamp down on perceived security threats, never mind the six’s own guaranteed rights in terms of the constitution,” he said.
Mr Muchadehama said his clients were innocent and should be acquitted and discharged. 
On Monday the State urged the court to convict the six and sought to have them heavily punished upon conviction.
Their judgment date has been set for March 19 after the defence closed its case. Mr Michael Reza, in his submissions, said the six clearly conspired on February 19 last year, to cause public violence and the uprising had gone beyond the planning stage.
The State alleges that the offence was committed on February 19 last 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 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.

 

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