State to contest Gwisai and his accomplices sentence

On Thursday the state said it was appealing against the sentence imposed on former Highfield legislator Munyaradzi Gwisai and five accomplices convicted for plotting to commit public violence saying it was lenient.

The cross appeal comes after Gwisai and his accomplices filed an appeal challenging both conviction and sentence at the High Court last week.

Gwisai, a University of Zimbabwe law lecturer, together with Hopewell Gumbo (33), Welcome Zimuto (26), Antoneta Choto (37), Tatenda Mombeyarara (30) and Edson Chakuma (39) were last Wednesday fined US$500 each and ordered to perform 420 hours of community service.

Mr Edmore Nyazamba of the Attorney General's Office said the defence should not cry foul over the sentence because the State was viewing it in a different way and appealing against it.

He said this while opposing the six's application to suspend community service pending the outcome of their appeal.

In their notice of appeal, the six argued they have bright prospects of success on appeal against both conviction and sentence.

Through their lawyer, Mr Alec Muchadehama, the six argued that the lower court erred in convicting them.

Mr Muchadehama said the sentence was too harsh and the higher court was likely to take a different view of the matter.

"Applicants are likely to complete the sentence before the appeal is heard and if they serve the community service, it cannot be undone if the appeal is successful," he said.

Mr Muchadehama said his clients will not abscond considering that they paid their fines on March 23.

But Mr Nyazamba said there will be no prejudice to the applicants if they serve the sentence.

He argued that their chances of success on appeal were remote.

"The appeal is a futile academic exercise which is designed to annoy the proper administration of justice," said Mr Nyazamba.

"Justice demands that those who are guilty of offences should be punished without fear. The court should also consider that the manner in which the grounds of appeal are drafted is too vague and general, they are not clear and specific as is required by the rules of the court.

"They do not clearly state how the honourable court erred or misdirected itself when it convicted and sentenced the applicants. We will challenge the validity of the notice of appeal.

"What purport to be the grounds of appeal are the same old and tired arguments that were raised in the defence outline and the cross-examination of the State witness. However, evidence was led to thwart all these issues raised by the defence.

"The court made findings of facts based on the credibility of witnesses," he said.

Magistrate Mr Kudakwashe Jarabini deferred the matter to today for ruling.

Charges against the six arose on February 19 last year at Zimbabwe Labour Centre, at 43 Julius Nyerere Way in Harare.

Gwisai, a co-ordinator of the International Socialist Organisation, and his accomplices agreed to forcibly and to a serious extent disturb peace, security or order of the public in Zimbabwe.

They planned to mobilise people to revolt against the Government and demand the resignation of President Mugabe in the manner Egyptians had deposed their president Hosni Mubarak.