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Senior Court Reporter
CCC legislator Joana Mamombe and fellow party member Cecilia Chimbiri, should explain why their mobile phones were active and how they managed to upload materials on their various social media platforms at the time they claimed to have been abducted in May 2020, a court has ruled.
Mamombe and Chimbiri are charged with communicating falsehoods prejudicial to the State.
Chief Magistrate Mrs Faith Mushure noted that State witnesses testified that there was a large quantum of data used by Mamombe and Chimbiri, which proves there was physical interaction between the mobile phones and their users.
Mrs Mushure said there must be an explanation on the physical interaction, which is contrary to the duo’s assertions that their mobile phones were left locked in their car when they were taken by the police into Harare Police Station.
She said this when dismissing Mamombe and Chimbiri’s application for discharge at the close of the State’s case.
Mrs Mushure also ruled that Mamombe and Chimbiri should also explain why they gave false statements to the police investigating team on the day they were approached at Parktown Hospital in Harare where they were “hospitalised” after the said incident.
Mamombe and Chimbiri, through lawyer Mr Alec Muchadehama, applied for discharge and their acquittal arguing that the State’s witnesses failed to produce evidence that warrants them to be put to their defence case.
They had also argued that the State witnesses’ evidence was marred with inconsistencies warranting their discharge and acquittal.
But the State led by Mr Michael Reza opposed the application saying the two had a case to answer.
Mamombe and Chimbiri are expected back in court on September 15 for their defence case.
Circumstances leading to their arrest are that on May 13, 2020 at around 12.30pm, the duo, together with Netsai Marova — Marova is on the run — teamed up with other MDC-Alliance youths and gathered at Choppies Supermarket in Warren Park 1.
They then allegedly staged a demonstration against the recall of their party’s legislators from Parliament and the alleged misuse of funds for Covid-19 by the Government.
It is alleged that on the same day, they called their friends, family and lawyers saying they had been arrested at a roadblock near the Showgrounds in Harare and were taken to Harare Central Police Station.
Upon receiving the communication, their lawyer Mr Jeremiah Bamu allegedly went to the police CID Law and Order section where he communicated with Detective Chief Inspector Chibaya, saying the three had been arrested and taken to Harare Central police station.
According to the State, checks were made and it was established that they had not been arrested.
On the same day, social media platforms and local newspapers were awash with news that the three had been arrested, it is alleged.
On May 15, at around 1am, Mr Bamu advised the police that the three were at Muchapondwa Business Centre in Bindura rural.
The police and Mr Bamu went to the business centre in Bindura, collected the trio and took them to a hospital in Waterfalls, Harare, since they claimed to have been tortured.
On May 19, 2020, Marova was interviewed by Det Chafa to the effect that she was abducted and tortured by the police.
Mamombe and Chimbiri were later interviewed by police, according to State.
It is said investigations by the police revealed that they were never abducted, but staged their kidnapping.
Online Reporter