HARARE – Citizens Coalition for Change (CCC) interim leader Jameson Timba and 65 other party activists will remain in jail, despite being acquitted of disorderly conduct charges.
This follows a ruling by Magistrate Collet Ncube who decided that the group has a case to answer regarding allegations of participating in an unlawful gathering, New Zimbabwe has reported.
The group was arrested on June 16th this year, facing accusations of both disorderly conduct and participating in an unlawful gathering. While the magistrate found them not guilty of disorderly conduct, he ruled that 66 individuals, including Timba, will face trial for the unlawful gathering charge.
The magistrate, however, set free 12 individuals, including Timba’s son, Shaun, after finding that they were caught in a dragnet arrest. This means they were arrested without sufficient evidence linking them to the alleged unlawful gathering.
The 78 accused individuals initially applied for discharge at the close of the state’s case, arguing that the prosecution lacked sufficient evidence to convict them. Timba’s son, Shaun, filed a separate application for discharge, claiming that the evidence presented did not warrant him being put on trial.
Timba and other activists argued that they could not be charged with disorderly conduct or participating in an unlawful gathering because they were not in a public space. They also alleged that the police used a dragnet arrest approach, arresting individuals who were simply going about their personal business near Timba’s residence.
“This court is satisfied that the gathering was inside the premises, not outside. This is contrary to the evidence by the State that it was outside No’ 6 Downroad,” he stated.
“Now what is public space,” he said before reading out the definition.
Ncube ruled, “Having defined public space this courts view is that Timba’s residence is not a public space and the charge falls off as it cannot stand. There’s no evidence to prove essential elements of an offense as alleged by the State.
“The accused cannot be placed on their discharge on the count of disorderly conduct despite that there was pandemonium. I pronounce that they are all not guilty and acquitted on the count of disorderly conduct.”
However, the magistrate ruled differently on the charge of participating in an unlawful gathering. He acknowledged that the police acted lawfully when they arrested the activists, citing the presence of individuals who did not reside at the premises and the occurrence of pandemonium as evidence of an unlawful gathering.
“Taking into account that it was a gathering which attracted people who did not reside at the premises, also considering that there was pandemonium, it creates a prima facie case,” he said.
“However, this court is cautious that there are a few whose defence was very clear in this case. Combination of facts in this court’s view convinces this court that some might have been caught in crossfire and were not part of the gathering.”
He then acquitted 11 individuals, citing their clear defences and the lack of evidence linking them to the gathering.
“The confirmation by the police that there were some people on the road adds credibility to these people’s defence and these are Resca Munetsi, who was collecting money in Avondale, Violet Chitsindi who had visited a friend, Simon Size who was looking for peace jobs, Calvin Charumapasi a vendor, Redeem Mandizvidza who was distributing fliers, Tatenda Mukwembi a driver, Tawanda Mukucha, Prince Madhena who was at the shops, Wisdom Nyama was passing by, Tobias Mangwayana a vendor and Lucia Kandemiiri a tenant at Timba’s residence,” he stated.
“The finding of this court is that these cannot be placed on their defence in count and accordingly they are found not guilty and acquitted in the first count. The balance will proceed to defence case,” he ruled.
Meanwhile, award-winning journalist Hopewell Chin’ono had no kind words for President Mnangagwa’s government which he accused of ordering that these activists should be arrested.
“After acquitting Jameson Timba and his 77 co-accused of Disorderly Conduct, the magistrate also acquitted 12 of the 77 of all charges but ruled that 65 of them, including Jameson Timba, will proceed to a defence case on the charge of ‘Participating in a gathering.’ This is merely to save face for this pathetic regime. The whole world knows that these arbitrary arrests were ordered by politicians, even the ZANUPF spokesman, Chris Mutsvangwa, confirmed this! Mnangagwa should do the right thing by releasing these people and allowing them to return to their families,” Chin’ono tweeted.
After acquitting Jameson Timba and his 77 co-accused of Disorderly Conduct, the magistrate also acquitted 12 of the 77 of all charges but ruled that 65 of them, including Jameson Timba, will proceed to a defence case on the charge of “Participating in a gathering.”
This is… https://t.co/KzQosRFifm
— Hopewell Chin’ono (@daddyhope) September 4, 2024
