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Fungai Jachi Court Correspondent
MDC-T Member of Parliament for Highfield East, Eric Murai and 15 members of the opposition party who are accused of stoning policemen at an unsanctioned rally in Hopely, appeared in court yesterday charged with public violence.
Murai (44), Memory Ncube (33), Aqueline Sanganai (68), Erenia Chiradza (54), Rutendo Bvute (29), Stella Manyanga (64), Herbert Mwadira (18), Tafadzwa Kambala (25), Sinkiwe Mandava (53), Peter Mafara (33), Shepherd Munyadzi (40), Michael Matemai (67), Farai Kushata (42), Clyde Mushamba (30), Givemore Muparahwa (38) and Memory Mudyabumhe (46) appeared before Mbare magistrate Ms Anita Tshuma.
They were remanded in custody to today for bail ruling.
The 16 are represented by Mr Tonderai Bhatasara of Mupanga Bhatasara Attorneys and Mr Vitalis Mudzonga of Mauwa and Associates legal practitioners.
Mr Bhatasara raised concerns over the manner in which his clients were treated upon their arrest.
“Accused 5, 7, 10, 14 and 15 were assaulted by riot police when they were arrested and the Officer-in-Charge Crime Waterfalls, Inspector James Chimombe denied them the right to consult with a legal practitioner of their choice following their detention,” he said.
Prosecutor Mr Tafara Chirambira opposed bail arguing that the accused were likely to abscond as they were facing a serious offence.
“The accused persons are likely to abscond since they stand accused of attacking the police. If admitted to bail and they abscond who will be able to bring them to court? As it stands it is clear that they do not respect the police,” he said.
In response, Mr Bhatasara argued that all the accused persons were of fixed aboard and were family people who had no intention of fleeing.
“The accused are all citizens of Zimbabwe and the first accused is an Honourable Member of Parliament who intends to clear his name of these allegations.
“Some of the accused persons are not even members of MDC-T and do not have any reason not to stand trial.
“The State’s case is weak, it borders on fabrications, therefore to deny the accused bail will be a serious infringement of their constitutional right,” he said.
Allegations are that on November 2, Trouble Hasha made an application to the police to hold an MDC-T rally at Kazembe Rising Stars Primary School.
The court heard that the regulating authority did not approve the rally.
It is alleged that on November 8, the accused, despite having no authorisation to conduct a rally, gathered at the school in their party regalia.
It is the State’s case that they intended to proceed with the meeting.
The State further alleged that the police received information that about 50 MDC-T supporters were holding an unsanctioned meeting.
Police led by Insp Chimombe went to the venue to disperse the MDC-T supporters.
Upon arrival the supporters turned riotous and threw stones at the police, the court heard.
It is alleged that the situation got worse and the police used tear smoke and warning shots to disperse the crowd.
The accused were later arrested by anti-riot police.
Online Reporter