Citizens Coalition for Change (CCC) interim leader Jameson Timba and 77 party activists, arrested on June 16, have been acquitted of disorderly conduct charges.
The group was initially accused of unlawful gathering and disorderly conduct, with allegations of stone-throwing at police officers.
However, the accused argued that they were not in a public space at the time of arrest and that the police used a sweeping arrest approach, detaining some individuals who were simply going about their business near Timba’s residence.
According to reports, Magistrate Collet Ncube ultimately ruled that the State failed to prove the accused were in a public space, leading to their acquittal.”
“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.”
“Now what is public space,” he said before reading out the definition.
“This court’s understanding is that the definition exception is a private space.
“Entry into a private space is based on an invitation of the owner. For this offence, public space definition is essential to bring out the offence.
“Having defined public space this court’s 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 offence 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 in the count of disorderly conduct.
On the charge of engaging in an unauthorized gathering, the magistrate stated that the police’s decision to arrest the activists was lawful.”
“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.
“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 the crossfire and were not part of the gathering.
“The confirmation by the police that there were some people on the road adds credibility to these people’s defence (Resca Munetsi accused 10 who was collecting money in Avondale, Violet Chitsindi who had visited a friend, Simon Size who was looking for part-time jobs, Calvin Charumapasi a vendor, Redeem Mandizvidza who was distributing fliers in the area, Tatenda Mukwembi a driver, Tawanda Mukucha, Prince Madhena who was at the shops, Wisdom Nyama was passing by, Tobias Mangwayana a vendor and Lucia Kandemiri a tenant at Timba’s residence).”
“The finding of this court is that these cannot be placed on their defence in this count and accordingly they are found not guilty and acquitted in the first count.”
