HARARE – The lawyer representing 40 Citizens Coalition for Change (CCC) activists accused of holding an unsanctioned car procession rally in breach of the Maintenance of Order and Peace Act, has accused prosecutors of stifling progress in his clients’ bail bid by introducing what he found to be irrelevant evidence to try and convince court they were not good candidates for bail.
Kudzai Kadzere said Monday when the activists appeared in court for their bail application that prosecutors were unnecessarily turning bail hearing into a trial.
The activists, who include aspiring CCC MP for Glenview South, Gladmore Hakata, complete a full week behind bars this Tuesday.
During bail hearing on Monday, the state, represented by Tafara Chirambira, introduced two new witnesses to try and buttress his claim the activists were not good candidates for bail.
While examining the state’s third witness, a Wellington Chikozho, Chirambira asked for permission to tender a video into the record.
Kadzere objected to the move saying a bail application hearing should not be turned into a trial.
“The proceedings are now being converted into a trial. They will now lose their meaning,” Kadzere said.
“The bail proceedings will now become a fishing expedition.
“The purpose of bail is not to prove the innocence of the accused but rather to assess whether they are proper candidates for bail.
“We have not been told whether the state wants to produce the video as an exhibit.
“It is unfair to the accused persons as the proceedings are going to be lengthy and will lose their urgent status.
“Section 117(A) (2) (b) of the Criminal Law and Codification Act does not allow videos in bail proceedings.
“To allow the state to do what it is doing would effectively mean we are now going into a trial.
“The witness might as well tell us about the video, but he cannot tender it as an exhibit. Perhaps the state should be reminded that these are bail proceedings,” said Kadzere.
Chirambira insisted on bringing up the video saying he wanted to prove that an offence was indeed committed.
Chikozho, who is the officer in charge of Glenview police, said he failed to bring the suspects to order.
Bail hearing continues Tuesday.
