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Releasing Chere, Kwekweza and Gwenzi will trigger demonstrations- Court

By Staff Reporter

RIGHTS defenders arrested last week on a charge of disorderly conduct were yesterday remanded in custody for continuation of bail application.

Harare provincial magistrate Ruth Moyo remanded Namatai Kwekweza, Samuel Gwenzi and Robson Chere to today.

One of the accused persons, Visimuzi Moyo, applied to be separated from his alleged accomplices, indicating that he wanted to seek the services of a different legal practitioner.

The civic society leaders were being represented by Jeremiah Bamu, Tinashe Chinopfukutwa and Charles Kwaramba.
Appearing for the State, prosecutor Anesu Chirenje said investigations into complaints raised by the civil society leaders, including allegations of torture, had begun.

Chirenje submitted that the State had written to the Zimbabwe Republic Police concerning the issues.
Meanwhile, investigating officer Willard Bamala has opposed bail saying the accused persons are likely to abscond trial because the police made several futile attempts to locate them before their arrest.

He said the accused persons were not good candidates for bail because they were likely to commit similar offences.
Bamala said Kwekweza had interests outside the country, hence she could abscond trial
He further indicated that Chere had pending cases before the courts, for which he is currently on bail, hence he is likely to commit a similar offence.

Bamala said there were six witnesses who were ready to testify against the accused persons.

He further opposed bail indicating that there was video evidence implicating the accused persons chanting party slogans.

The investigation officer said he was not aware of the alleged complaints raised by the civic leaders, further indicating that if the accused persons were released, there would be social unrest since their motive to have Jameson Timba and other Citizens Coalition for Change (CCC) party members released had not been achieved.

However, during cross-examination, Bamu argued that the witness was not the lawful investigating officer since his name did not appear on form 242.

He argued that the witness failed to explain what interests Kwekweza had outside the country.

Bamu said the investigating officer was inconsistent since he claimed that the accused person had interests outside the country, but did not confirm if she had travel documents.

Bamu argued that his clients would not run away because the presumptive penalty for the alleged offence is US$50, hence the charge is not serious.

It is the State’s case that on June 26 at Harare Magistrates Court, the accused persons chanted CCC slogans after Timba and party members had been denied bail.

The court heard that the accused persons were ordered to disperse by the police, but resisted.

The State intends to lead another witness today during continuation of the bail application.

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