HARARE West legislator Joanah Mamombe was yesterday put to her defence after the close of the State case while her accomplices were discharged.
Harare regional magistrate Taurai Manuwere acquitted Cecilia Chimbiri, Lovejoy Chitengu and Stanley Manyenga who were arrested together with Mamombe on allegations of staging an illegal demonstration in Warren Park during the COVID-19 national lockdown.
Mamombe was, however, found guilty on the charge of breach of peace during the same gathering. The CCC legislator and her accomplices were arrested on a charge of contravening the COVID-19 lockdown regulations.
In his ruling, Manuwere said the accused pleaded not guilty to all the charges and instead accused the State of violating their rights.
“None of the witnesses saw the accused persons. Also no placards were produced by the State as evidence to show that the accused persons, indeed, held protests,” he said.
Manuwere said the State led evidence from seven witnesses, who were policemen, adding that their evidence revealed that Mamombe and a crowd of about 75 to 100 people were holding placards.
However, Manuwere said the witnesses failed to prove who arrested the suspects, adding that they also failed to remember what they were wearing.
“Another witness, Gertrude Mutara, did not identify any of the accused persons and failed to hear the noise which was allegedly produced by the crowd,” he said.
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Manuwere said there was no evidence that proved that the suspects participated in an unlawful gathering.
It is alleged that at around noon on May 13, 2020, the suspects teamed up with several others and gathered at Warren Park 1 shopping centre in Harare before marching towards the Harare-Bulawayo Highway.
According to the State, they were displaying and waving placards, one of which was inscribed “Unlock us before we revolt”. They were allegedly demonstrating against the extension of COVID-19 national lockdown and were intercepted and dispersed by the police.
Tafara Chirambira represented the State.
