HARARE – Twenty-five suspected protestors who allegedly participated in last Friday’s demonstration in Harare will remain in custody after a court ruled that they are likely to re-offend because the opposition is planning more protests.
The magistrates also ruled that it is not in dispute that the protestors defied a police order banning the march organised by the Movement for Democratic Change (MDC).
The suspects are facing charges of participating in a gathering with intent to promote public violence and breach peace.
The 26th suspect is a minor who was released into the custody of his mother.
The suspects’ bail hearing was set before four different magistrates – Lazini Ncube, Sheila Nazombe, Victoria Mashamba and Stanley Mambanje.
Tinashe Makiya, Idah Maromo, Charles Muchemwa and Francesca Mukumbiri prosecuted.
In dismissing the applications, one of the magistrates, Nazombe said: “Such action shows the determination to participate in the demonstrations.
“If granted bail, they are most likely to participate in the demonstrations lined up for Gweru, Mutare and Masvingo.”
The state had opposed bail in respect of all accused persons, arguing that there is overwhelming evidence as they were arrested at the crime scene.
Prosecutors also opposed bail on the basis that they will interfere with witnesses who witnessed them participating in the demonstrations.
Through their lawyers Tinomuda Shoko, Blessing Nyamaropa, Jeremiah Bamu and Gift Mtisi from the Zimbabwe Lawyers for Human Rights (ZLHR), the accused persons argued that they are proper candidates for bail as the State failed to provide compelling reasons warranting detention.
The lawyers argued that their clients are of fixed abode, have no criminal history, no pending offences hence there is no proven propensity to commit similar offences.
“If the State fears abscondment, the accused are willing to abide by strict reporting conditions,” Shoko said.
Police issued a prohibition order banning the anti-government demonstration in Harare, but a few hundred people defiantly gathered on the streets of Harare. Police fired tear gas and used truncheons to disperse the crowds.
