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Court Correspondent
A LAWYER from Justice for Children Zimbabwe representing a teenage girl, who is appearing in court together with 24 other CCC members on allegations of illegally gathering in Budiriro, Harare wants the proceedings to be held in a closed court to protect her rights.
Ms Pamela Musimwa yesterday applied to have members of the public to be barred from attending the court proceedings when the CCC members appeared before Harare magistrate Mrs Yeukai Dzuda. She also suggested that the 17-year-old be separated from the adults and have her own hearing.
The name of the teenage girl is being withheld to protect her identity.
She is jointly appearing with Amos Chibaya, CCC national organising secretary, Wencelaus Nyamunokora, Taurai Mema, Rudolph Tsindi, Stabile Mlilo, Mukwada Monica, Misheck Nyembe, Nyemudzai Makwanya, Vimbai Dambaza, Chenesai Ndoro, Lilosa Nhanhanga, Faith Ngorima, Cleopatra Tapfuma, Lancelot Tungwarara, Peace R Mapfundikwa, Shyla Zvomoyo, George Makwangwaidze, Wyclife Maramba, Rutsambo Siros, Masikasika Takemore, Aleta Virimai, Stanley Mangare and Dominic Chitahwe.
They are all charged with participating in a gathering with intent to cause public violence.
Lawyers representing the 24 others opposed to the application saying the matter was of public interest, and should be heard in an open court.
They argued that it was against the dictates of fair trial, where the hearing is conducted in an open court. They also argued that members of the public could only be barred from court proceedings at a time when the teenage girl is testifying.
The State concurred with lawyers from Justice for Children Zimbabwe to have the gallery cleared during the court proceedings.
Harare magistrate Mrs Yeukai Dzuda is today expected to decide on whether the hearing will be conducted in an open court or not.
The State opposed to granting of bail to 24 of them and released the teenager in the custody of her guardians, when they initially appeared in court on Monday. The State led evidence from Detective Assistant Inspector George Garauzive of the Law and Order department who indicated that the 24 were likely to re-offend if granted bail since they were nabbed before accomplishing their mission.
DIC Garauzive indicated that there were barely 70 people at the gathering with some of them escaped.
It is the State case that on January 14, the 25 were allegedly invited at Costa Machingauta’s place for Citizens Coalition for Change political party members’ Presidential Assembly meeting at house number 9239, Vhumba Crescent, Budiriro 5B, Harare.
The invitation was allegedly authored and circulated on various social media platforms by Lancelot Tungwarara.
The 25, who were allegedly clad in CCC regalia that include caps, helmets and T-shirts gathered at house number 9239, Vhumba Crescent Budiriro SB, Harare in pursuant to the alleged invitation on social media platforms.
While at the gathering, they allegedly chanted CCC political party slogan “Ngaapinde hake Mukomana, 2023 Chamisa chete chete” meaning “let the boy get in, 2023 Chamisa only, according to the State.
Members of ZRP Budiriro received a tip off that the accused were gathered and went to investigate.
Upon arrival , the police allegedly observed that their conduct was disturbing the peace of a section of members of the public.
The police ordered them to disperse but they resisted leading to their arrest.
Online Reporter