Forty Citizens Coalition for Change (CCC) activists, arrested over a week ago during a mobile election campaign in Harare’s Highfields suburb, have each been granted US$100 bail.
The 40 include Gladmore Hakata who ran for a parliamentary seat in Glenview South constituency.
They are accused of breaching the Maintenance of Order and Peace Act through carrying out an unsanctioned car campaign procession.
In granting them bail, Harare magistrate Learnmore Mapiye said prosecution’s evidence was too shallow for a reasonable court to deny the suspects their freedom.
The magistrate also said the State had not given any evidence to justify its prayer for lengthier pre-trial detention.
“The video played in court commenced with a police car following two motor vehicles.
“It did not capture the part where a lawful order was given and the alleged manoeuvring passing of the police vehicle.
“The challenge is that the video is about 30 seconds. It did not take long for the vehicle to park by the side of the road.
“Some suspects disembarked, and the witness said they had an opportunity to abscond but did not.”
Mapiye said because of that, favour was on the side of the suspects.
“In relation to gravity of punishment, disorderly conduct is not classified as a serious offence.
“It is trite that in our law, a prison sentence is considered when there are aggravating circumstances,” she said.
The magistrate also said there was no evidence given to show that suspects would skip the country as was suggested by the investigating officer.
“Disorderly conduct is not considered as a serious offence.
“In the current case, State averred that the accused blocked traffic, both vehicular and human.
“Counsel for accused said State had treated them as a group rather than treating them individually.
“The State had to treat each individual separate.
“Section 50 of the constitution gives a person the right to liberty unless there are compelling reasons that they should remain in custody.
“At this stage, the presumption of innocence still works in favour of the accused.”
Mapiye also said the fact that the IO has not yet verified the addresses of the activists at the time of bail hearing was not sufficient ground to deny them bail.
“The State ought to have placed evidence before the court that the accused gave false addresses.
“The evidence led by the State did not justify the denial of bail of the accused.
“The fears of the State can easily be cured by placing conditions of the accused.
“The court is of the view that the accused are good candidates for bail and will impose reporting conditions to cure the fears of the State.”
Source ZimLive
