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Harare magistrate Trynos Utahwashe will next week hand down his judgment on three applications made on behalf of MDC-A spokesperson Fadzai Mahere and six of her colleagues after they were granted $5 000 bail each on allegations of inciting public violence on July 31 this year.
The six are Jessca Drury, Simon Drury, Tinashe Murapata, Nyasha Musandi, Jaser Lotter and Tinotendwa Muswe who all appeared for their routine remand after they were arrested for wielding placards hinting at inciting public violence while at Groombridge shopping centre, Mt Pleasant in Harare.
The State is yet to provide a trial date for the commencement of their trial citing that investigations over the matter are still on going.
Doug Coltart who is part of their legal representation made an application for their bail conditions to be altered since the State was yet to avail a trial date but Michael Reza who was representing the State refused.
Mahere’s lawyer David Drury also made an application that the State drops its charge on violation of lockdown restrictions after they engaged in the demonstrations citing that the State charged them with a non-existent charge on the Statute it was relying on.
Reza made an application to amend the charge claiming that a typographical error saw them being accused of violating section 4(1) (a) of Statutory Instrument 77 of 2020 which is non-existent preferring them to be charged for contravening section 4(1) (a) of SI 83 of 2020, which correctly dealt with national lockdown restrictions that prohibited gatherings.
Drury told the court that the State’s application was incompetent and invalid, further citing that the State cannot allege that the charge was a typographical error that remained standing for the past 69 days.
“The State has no right to amend the charge with a completely new Statute which was further repealed by SI 200 of 2020 and the argument needs to be dismissed,” he said.
Lawyer Chris Mhike who represented the others told the court that when the seven were arrested the second charge was not read out to them on their warned and cautioned statements and hence the charge held no merit.
“There is clear prejudice to the accused persons over the State’s intention to alter the charge citing a typographical error. It is tantamount to the State cooking its own case and shifting goal posts as if it is a game. The Defence is shocked and unaware of the law which the State is using to make such an unconstitutional application,“ he said.
Mahere’s lawyers also demanded the State to outline the nature of investigations that are being carried out by the police which are delaying the announcement of the trial date.
Magistrate Utahwashe asked Reza to confirm whether S.I 83 of 2020 was repealed by S.I 200 of 2020 he said he was not aware since many repeals were made concerning the restrictions further adding that since it was presented by an officer of the court he could not object.
After following through all these applications, magistrate Utahwashe told the court that the latest date he could make the ruling would be 14 October next week, a date which was consented to by both the State and Defence counsels. Nhau/Indaba
