Twelve of the 78 party activists arrested at Interim Leader of the Citizens Coalition for Change (CCC) Jameson Timba’s residence on June 16th have been acquitted of charges related to disorderly conduct. The group was initially detained under allegations of unlawful assembly. It was further accused of disorderly behaviour, with the prosecution claiming they had thrown stones at the police officers who apprehended them.
Arguments Presented in Court
The defence argued for a discharge because the accused could not be charged with disorderly conduct or participating in an unlawful gathering as the alleged activities did not occur in a public space. They also highlighted that the arrests were made in a dragnet fashion, implicating individuals who were merely going about their daily activities near Timba’s residence.
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Court’s Ruling on the Matter
Magistrate Collet Ncube ruled that the prosecution failed to establish that the accused were in a public space at the time of the alleged offence. He clarified that the gathering occurred within private premises, contrary to the State’s claims that it occurred outside at No. 6 Downroad.
“This court is satisfied that the gathering was inside the premises, not outside. This contradicts the evidence provided by the State, which claimed the gathering was in a public space,” Magistrate Ncube stated.
He further explained that a private space, accessible only by invitation from the owner, does not qualify as a public space. This distinction is crucial in defining the nature of the alleged offence, and since Timba’s residence is not considered a public space, the charge of disorderly conduct could not be upheld.
Outcome for the Accused
Consequently, the court found no evidence to support the charge of disorderly conduct, and all the accused were acquitted of this count. Magistrate Ncube declared them not guilty, noting that the disorderly conduct charge could not stand despite the chaos during the incident.
Regarding the accusation of participating in an unlawful gathering, the magistrate acknowledged that the police had a legitimate reason to arrest the activists, given the nature of the gathering and the resulting commotion. However, the court also considered the individual defences of several accused persons who convincingly demonstrated that they were not involved in the gathering.
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Specific Individuals Acquitted
Among those acquitted were:
- Resca Munetsi (Accused 10), who was collecting money in Avondale
- Violet Chitsindi, who was visiting a friend
- Simon Size, who was seeking part-time employment
- Calvin Charumapasi, a vendor
- Redeem Mandizvidza, who was distributing flyers in the area
- Tatenda Mukwembi, a driver
- Tawanda Mukucha, Prince Madhena, who were at the shops
- Wisdom Nyama, who was passing by
- Tobias Mangwayana, another vendor
- Lucia Kandemiri, a tenant at Timba’s residence
The court found that these individuals could not be reasonably placed on the defence for the charge of unlawful gathering, and they were subsequently acquitted.
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