Citizens Coalition for Change (CCC) faction leader, Jameson Timba and 78 party activists’ trial failed to commence on Monday after lawyers demanded a report on investigations regarding the torture of their clients during their arrest.
Several activists sustained injuries when anti-riot police stormed Timba’s Avondale home in Harare 16 June this year, accusing them of holding an unsanctioned meeting.
During their initial court appearance, the activists raised complaints against the arresting details who allegedly subjected them torture.
The court was told that police forced the opposition activists into a swimming pool while in possession of their mobile phones which resultantly got damaged.
They also said women were forced to strip in the presence of men and to do humiliating acts.
Magistrate Ruth Moyo ordered the state to conduct investigations into the alleged torture, an order which the state failed to comply with.
In court, lawyers representing the suspects said the state was in contempt and should respect the order.
The state, represented by Lancelot Mutsokoti, challenged the submission arguing that the defence failed to give a statute that guides its application.
“The state knows what it is supposed to do. It is now clear that they ignored the serious complaints which were raised by the accused,” said Webster Jiti representing the activists.
“The accused have the right to stop their prosecution if that report is supporting them.
“The matter should be postponed till the report is tendered before the court. The state is in contempt of the court order.
“For them to start the trial, they should pay for that contempt…the trial cannot commence if the state is in defiance.”
However, the magistrate ruled that the absence of the report will not disturb trial in any way.
“This court is of the view that as much as the state is supposed to comply but the defence lawyers failed to prove how the absence of that order will affect the trial.”
Trial commences this Tuesday.
Zimlive
