Chris Mhike addressing the court
“The second accused is still not in attendance as he is still in isolation.
We were making submissions in response to the submissions of the state
The two witnesses who testified did not establish that each one of the accused had the intention to breach the peace. The second state witness confirmed that the accused were not violent, hence, the only intent left is that of breaching peace and that was not highlighted.
Further, this common-purpose fallacy is not applicable. The first witness told the court that some were arrested inside, others outside the residence, while the 2nd said some were still sitting in their vehicles. It is not possible for people in different locations to form same purpose.
There were no safeguards applied by the police in arresting the accused. The state has failed to establish and illustrate that these persons were acting in the common interest. The form 242 itself does not mention how the accused were alluded to have been breaching peace.
The state witnesses could not identify which witnesses were wearing regalia and which ones weren’t. It is a disgrace that we now live in a nation where police officers harass people for their political affiliations
The statement that the accused were chanting “ ngaapinde hake mukomana, 2023 Chamisa chete” is not illegal. It is the same as saying “ ED pfee pfee pfee” and no one has ever been arrested for that.
Your worship it is our submission that this doctrine presented to us is not applicable and must be dismissed when you consider the question of bail.
We settled yesterday, the point that this is not a serious offense. The Schedule shows, what are considered as serious offenses such as murder and robbery.
Even if the court were to find that this is a serious offense, that alone would not sustain the denial of bail.
The accused do not intend to abscond to any other country, Zimbabwe is their home, they are rooted here. They are convinced of their innocence and are determined to have their day in court where they will establish their innocence.
The accused have clean records and the state has not established any previous conduct that would make them ineligible for bail.
Accused 1 Amos Chibaya is an MP, he has been so since 2005. We refer to our parliamentarians as honourables, there is no reason to treat the accused as any less. Serving the parliament is a great duty, and the accused must be commended for his service to the nation.
Your worship, he is also a businessman with a viable enterprise that is a source of income. He has family that is reliant on him.
His wife is unemployed, and he is the breadwinner. He supports his extended family and he supports multitudes of his constituency. Putting him in prison will therefore jeopardize his work.
Accused 2 is in isolation at remand as he contracted the dreaded COVID-19. The state could not protect him, and hence this makes him eligible for bail. He is self employed and has to work to fend for his family. He is married with six children.
He is of poor health it is vital that second accused be at home to have access to adequate medical treatment.
Accused number 21 is 81-year-old Silas Tsambo Nyadza. In consideration of his advanced age, he has to be released. He was arrested as he was walking about outside the residence and was not in attendance of any meetings. We plead for the court’s mercy
Accused 7 is also a senior citizen, aged 72, Misheck Nyembe. He suffers from backache, he was scheduled to see a doctor at the time he was arrested. He has missed his appointment, and his health is deteriorating.
The majority of women in the dock are mothers. They have indicated that their children have not been going to school as a result of their incarceration. We therefore plead with the court for mercy and for consideration of the plight of the children of the men and women before you.
1..We propose payment of bail in the such of ZWLL20K
2. That they reside at their given addresses.
3. They do not interfere with witnesses.
4. Reporting once a fortnight to their nearest police station.
Those, your worship are our submissions.”
