A High Court Judge has reserved a decision on the bail appeal for 78 members of the Citizens Coalition for Change (CCC), including interim leader Senator Jameson Timba. The group has been in detention since June 16, facing charges of unlawful gathering and disorderly conduct. Justice Munamato Mutevedzi indicated that the ruling should be ready by July 18.
Arguments from the Defense
Jeremiah Bamu, representing the appellants, argued that the lower court failed to consider the individual circumstances of each appellant. He pointed out that Senator Timba was not liable for the offense simply because people had gathered at his house. “The court a quo should have distinguished Timba’s circumstances from those of the other accused,” Bamu stated.
Bamu also highlighted the case of Lucia Antonio, who is merely a tenant at Timba’s residence. He argued that the police arrested individuals from two different locations without ascertaining the purpose of the gatherings. “There is no strong case against the appellants, particularly concerning the charge they are facing,” Bamu said. He noted that not everyone involved in the gathering threw stones at the police, and the individual roles of the appellants should have been assessed.
Bamu brought attention to the unique circumstances of some appellants, such as Appellant 40, who is disabled with an artificial leg, and Appellant 4, Tambudzai, who sustained a broken leg. “These circumstances were not considered by the court a quo, which should have been more lenient,” he argued. Another lawyer, Webster Jiti, concurred and emphasized that denying bail without evidence that appellants would skip bail is a misdirection.
State’s Counterarguments
Representing the state, Charles Muchemwa argued that the lower court did not err in its decision. He stated that the offense was committed under aggravating circumstances, increasing the likelihood of conviction and the risk of the appellants absconding. “The appellants were properly arrested and denied bail,” Muchemwa asserted. He dismissed the relevance of appellant 40’s disability, noting that he traveled from Chitungwiza to participate in the offense.
Justice Mutevedzi acknowledged the complexity of the case and reserved his judgment. “This is an appeal and should not take me long to hand down the ruling,” he said. The court is expected to deliver the decision by July 18.
The bail ruling for the 78 opposition members is eagerly awaited, as it will impact the political dynamics in the region. The case has drawn significant attention due to the high-profile nature of some appellants, including Senator Timba. The outcome will be closely monitored for its implications on the treatment of opposition members and the judicial process in cases involving political gatherings.
Source: New Zimbabwe
