HARARE – Fifteen residents of Harare’s Budiriro high density suburb who were part of a 25-member group of Citizens Coalition for Change (CCC) activists seized by police at the home of former legislator Costa Machingauta January last year have been acquitted of charges of participating in an unlawful gathering.
The group was jointly charged with former MPs Amos Chibaya and Machingauta who shall remain for trial continuation together with eight other activists.
They will be back in court on October 18.
The 15 had applied for discharge at the close of State’s case.
In handing down her ruling, Harare magistrate Sharon Rakafa said the 15 were caught in a crossfire.
She said prosecution failed to link the group to the alleged offence adding that they were caught in a dragnet arrest while going about their business which had nothing to do with the meeting.
“None of the witnesses saw the accused wearing CCC t-shirts or chanting any party slogans.
“The State has to prove that the accused acted together with their accomplices to disturb public peace.
“Without evidence, the accused are entitled to be discharged.
“The accused have been found not guilty; they are acquitted,” Rakafa ruled.
The magistrate however said Chibaya and the rest had a case to answer.
She also fined the top opposition politician US$50 for defaulting court following the State’s application that his bail should be revoked.
Rakafa said the State was supposed to call police officers to testify in order to cement the State’s case but they did not.
His lawyer Chris Mhike submitted evidence that he had not been well and was only fit from September 3.
The magistrate however fined Chibaya for defaulting court from September 3 to 28 when he got arrested.
Chibaya and others are being accused of violating the Maintenance of Peace and Order Act (MOPA) after they held an internal party meeting at Machingauta’s house in Budiriro.
Kadzere Kudzai who was initially sent to represent the CCC activists after their arrest was brutally assaulted by police officers while attending to his clients and was later on arrested and charged with criminal nuisance and allegedly trying to escape from police custody.
